The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1901-03-08
CHANGE IN LORD MPBBLL ACT
Granting Exemplary Damages In; Case
Of Death by Accident.

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Following is tho text of the act 10
grant exemplary damages in oasos Of
death by accident and entitled an act
to "amend an act entitled AN act to
amend section 23l6 OF tho revised
Statutes Of this State, tho samo being
q part of tho Lord Campbell act, ap-
proved the 11th day Of February, A. d,
1885," b. # u
500. /. Bo ii enacted by the general
assembly of the State Of South Caro-.
liua: That section / Of an act entitled
IAN act to amend section .23l6 az tho
revised statutos Of this State, Che samo
being a part Of tho Lord Camboll aot,"
approved the 11th day Of February,
1898, be, and hereby is, amended in line
Il thereof by in serting after the word
"damages,' and before the word s'as''
the words including exemplary dam!
ages where suoh wrongful aet,; neglect
or default, was tho result ,,of reckless.
moss, wilfulness or 1slioo"; so that
said section, as amonded; shall read as
follows: .'i',D .,'.tt4 .;-
Sec. 1. That section 2s16 Of tho roa
yised statutes Of South Carolina of
1893, be so amended as to road as fol-
lows: Ii
Section 2316. Every such action shall
be for tho benefit of the wife or hus
band and child, or children, Of tho per-
son whose death shalltaFhaye been
caused; and if there be no. sulIoh wife,
or husband, or child, or ohildren, then
for the benefit of the .paront or. ipa.
rents; and if there be no suoh, then for
tho benefit Of the heirs at law .of the
distributes of the person whose death
shall have been caused as may be Do
pondent on him for support, and shall
bo brought by or in the name Of tho
executor or administrators Of suoh per.
son; and in every such action the Jury
may. give suoh damages, including lex.
emplary damages, whore such wrong.
full act, neglect or default was tho re-.
suit of recklossness wilfulnoss or malico,
as they may think proportioned to the
injury resulting from such death to tho
parties, respectively. for whom and for
whose benefit suoh action shall. be
brought. And tho amount 80 recovered
shall be divided among the before mon.
tionod parties, in suoh shares as thoy
would have been entitled to ifs.tho do;
ceased had died intestate and the
amount recovered had been personal
assets OF his or hor estate" %.,
The purpose Of this measure is to COM
pol Corporations, Rsilroad Companies.
etc., whore reoklesspess ID proven, to
give damagos in the way Of punishmont
to'tho rolatives Of tho party who was
negligently killed. s - y
The Supreme Court of South Csrojipa
has always held under Lord Campbell
ACT that while a pelson GOULD recover
damages in punishment. :as we'll as
actual damages where person was
cripplod by II. r. Co., yet il that
aame person was killed instead Of Drip
plod tho relatives OF the deceased Dor
son could only recover actnal damages
and couid not punish the r. r.. Co, by
making them give punitive damages
for thoir oarelossnosa. N &
This Aot which Senator Brantloy
succeeded in passing aftor a hard. fight
reyerses the Supreme Court OF s. IU!,
and now allows e jury to give Punitive
damages whore q person 10 killed as we'll
as whore he is crippled. g3ss IA