# Funderburk v. Powell

> Supreme Court of South Carolina · October 5, 1936 · 181 S.C. 412

URL: https://www.frixlaw.com/law-library/cases/3877960

## Case

- **Full name:** Funderburk v. Powell Et Al.
- **Court:** Supreme Court of South Carolina
- **Decided:** October 5, 1936
- **Citations:** 181 S.C. 412; 187 S.E. 742; 1936 S.C. LEXIS 191
- **Precedential status:** Published
- **Opinion:** Concurrence by Baker
- **Judges:** Fishburne, Oxner, Kershaw, Chiee, Stabeer, Bonham, Baker, Carter
- **Cited by:** 40 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3877960

## Opinion text

*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 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3877960. Public record. Not legal advice.