Flowers v. South Carolina State Highway Dept.

Mr. Associate Justice Oxner

delivered the majority Opinion of the Court.

I am not persuaded that the trial Judge erred in submitting the issue of contributory negligence to the jury.

There was no motion for a nonsuit or directed verdiet on the ground that there was no evidence tending to' show negligence on the part of appellant. But if such motion had been made, I do not think it could have been granted. Under Section 1623 (38) of the Code of 1942, the driver of appellant’s truck was required to park it so that all wheels on the right side would be within 18 inches of the curb. According to…