
    13149
    WEATHINGTON, ADMR., v. STATE HIGHWAY DEPT.
    (158 S. E., 927)
    July, 1928.
    
      
      Messrs. John M. Daniel, Attorney General, Gordie Page, Assistant Attorney General, and '/. Ivey Humphrey; Assistant Attorney General, for appellant,
    
      Messrs. Joe P. Bane and Gibson & Muller, for respondent.
    May 22, 1931.
   The opinion of the Court was delivered by

Mr. Justice Coti-iran.

Upon the authority of the case of Randall v. State Highway Department, 150 S. C., 302, 148 S. E., 57, .the demurrer of the defendant in this case should have been sustained.

The judgment of this Court is that the order overruling the demurrer herein be reversed, and the complaint dismissed.

Mr. Chiee Justice Blease, Messrs. Justices Stabler and Carter and Mr. Acting Associate Justice Cos-grove concur.  