Lynch v. City of Spartanburg

The opinion of the Court was delivered by

Mr. Justice Stabler.

This is an action for damages for personal injuries alleged to have been sustained by the plaintiff through a negligent defect in Magnolia street, one of the defendant’s main thoroughfares. The jury returned a verdict for the plaintiff in the sum of $750.00 and the defendant appeals. The appeal raises but one question: Did the trial Judge err in refusing to grant the defendant’s motion for a non-suit, upon the ground that the testimony showed that the plaintiff, as a matter of law, was guilty of contributory negligence ?

The…