The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1901-03-08
CHANGE IN lord CAMPBELL ACT
Granting Exemplary Damages in. Case
of Death by Accident.

. / . Z
Following is the text Of tho act 10
grant exemplary damages in oaaes Of
death by accident and entitled an act
to 'amend an act entitled IAN act to
amend section 23l6 oe the revised
Statutes Of this State, the samo being
part of the Lord Campbell aot,' ap.
proved the 11th day Of February, A. D.
1885," .,22, K
4 SEQ. |. Be 1t enacted by the general
assembly of tho State Of South Caro-.
lloa: That section / of an act entitled
,'an aot to amend section ZIG of tho
revised statutos Of this State, tho Same
being a part Of the lord Camboll saiot," !"
approved the 11th dey Of February,
1898, bo, and hereby is, amended in limo
Il thereof by inserting after the word
damages, and before tho word s,ash
the words INCLUDING exemplary DAM!
ages where such wrongful act; negloct
or default, was tho result of reckless.
ness, wilfulness or malice"; so that
said Sc zion, as amended; shall read as
follows: 80 'f.:'- ~
pa SEQ. /. That section 2916 Of tho roa
yised statutes Of South Carolina Of
1893, be SO amendod as to road as; fol.
lows:
Section 2316. Every, such aation shall
be for the bonefit Of tho .wifo or hus.
band aud child, or children, of tho por-
son whose death"shallis have been
caused; and if there ba no suoh wife.
or husband, or child, or children, then
for the benefit of the psront or. pa.
rents; and if there be no audh, then for
the benefit of tho heirs at law .of. the
distributeos Of tho person whose death!
shall have been caused as may bo de-
pendent on him for support, and shall
be brought by or in the name Of the
executor or administrators Of such per.
son; and in every suoh action the Jury
may, give such damages, including eT.;
omplary damages, whore such wrong
full act, neglect or default was tho ro !.
suit Of reoklessness wilfulness or malice.
as they may think proportionod to tho
injury resulting from such dohth to tho
parties, respectively. for whom and for
whose benefit such action shall, ho
brought. And tho amount SO recovered
shall be divided among tho before mon.
tionod parties, in suoh shares as they
would havo boon entitled 10 if;-tho de-
ceased had died intestate and the
amount recovered had boon personal
assets of his or her ostato." 81
The purpose Of this measure is to oom-
pol Corporations, Railroad Companies,
otc., whore recklesspess is proven, to
give damagoB in the way Of punishment
to'the relatives Of tho party. who was
negligently killed. . ID ,5.. x s
The Supreme Court of South Carolina
has always held under Lord Campbell
ACT that while a pclaon could recover
damsgea in punishment as wioll as
actual damages where person was
cripplod by II. II. o., yet il that
aame person was killed instead Of orip.
plod the relatives OF tho deceased por.
son GOULD only recover actual damages
and could not punish the r. r. Co, by
making thom give punitive damagos
for their oarelessnoss.
This ACT which Senator Brsntley
succeeded in paBaing aftor hard fight
rovorsos tho Supreme Court Of s. ~,
and now allows a Jury to givo Punitive
damages where q person is killed as we'll
as whore he 10 crippled. 3 q X N