Tate v. City of Greenville

G. Badger Baker, Acting Associate Justice.

The plaintiff, now appellant, brought this action against respondent, City of Greenville, for damages resulting to his truck when it collided with an overhanging limb of a tree, as the truck was being driven in a westerly direction, by appellant’s employee, on Arlington Street, during May of 1954, between 11 o’clock a. m. and the noon hour.

At the conclusion of appellant’s testimony the trial Judge, upon motion of respondent, directed an involuntary nonsuit upon the ground that appellant’s damages were brought about by his driver’s own negligence and…