City of Summerville v. Sellers

In the discussion of this case we shall find it convenient to refer to the plaintiff in error as “the city” or “the de fendant” and to the defendant in error as “the plaintiff” or “Mr. Sellers.”

The only general ground of the motion for new trial relied upon by the defendant is that the verdict is without evidence to support it. The elements of evidence necessary to show a right of recovery under each of the counts of the petition, while in some aspects similar, are essentially different. To support the first count it was necessary that the plaintiff’s proof show that the services rendered by…