Andrews v. McDade

This action was commenced by appellant against respondent for the recovery of damages for an alleged unlawful and wilfull trespass by respondent upon the lands of appellant by constructing and using a driveway over the appellant’s land. The respondent’s defense consisted of a general denial. The cause was called for trial before the Honorable Philip IT. Stoll and a jury at the January, 1941, term of the Court of Common Pleas for Spartanburg County.

At the close of appellant’s testimony respondent moved for an order of nonsuit upon the ground of “a total failure of proof to support any of the…