Todd v. Sandidge Construction Co.

341 F.2d 75 (1964)

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Todd v. Sandidge Construction Co.

United States Court of Appeals for the Fourth Circuit
341 F.2d 75 (1964)

SH

Facts

Albert Todd’s (plaintiff) wife and unborn child (of eight months’ gestation) were in a car accident caused by Sandidge Construction Company (defendant) negligently leaving an opening in the highway unguarded, which the front of Todd’s wife’s car plunged through. Albert’s unborn child died, and Albert filed suit for wrongful death as the personal representative of the child’s estate. The case was dismissed by the trial court on the grounds that there was no legal basis for the claim.

Rule of Law

Issue

Holding and Reasoning (Bryan, J.)

Dissent (Haynsworth, J.)

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