Opinion

Funderburk v. Powell

  • 181 S.C. 412
  • 187 S.E. 742
  • 1936 S.C. LEXIS 191
Court
Supreme Court of South Carolina
Filed
Oct 5, 1936
Status
Published
Author
Baker
On the bench
Fishburne, Oxner, Kershaw, Chiee, Stabeer, Bonham, Baker, Carter
Cited by
40 cases
Authority
More cited than 1.0%

“The standard of care to be observed and exercised by the occupant is of course ordinary care under the circumstances. It cannot be said, however, that in every case and under all circumstances it is the duty of an occupant of a motor vehicle to use his senses in order to discover approaching vehicles or other dangers, or that his failure to do so would be negligence.”

How later courts described this case

  • “The standard of care to be observed and exercised by the occupant is of course ordinary care under the circumstances. It cannot be said, however, that in every case and under all circumstances it is the duty of an occupant of a motor vehicle to use his senses in order to discover approaching vehicles or other dangers, or that his failure to do so would be negligence.”

Written by the judges who cited it.

The opinion

*435

Me. Justice Baker

(concurring in result) : I concur in the result of the opinion written by Mr. Justice Fish-burne, as I do not consider this case comes within the doctrine of common enterprise as set forth by the writer hereof in

Lusk v. State Highway Department,

181 S. C., 101, 186 S. E., 786 .

As to actionable negligence being shown, I feel bound by the case of

Myers v. A. C. L. R. Co.,

172 S. C., 236, 173 S. E., 812 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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