Powers v. City of Aiken

Littlejohn, Justice.

This action was brought by the plaintiff, Powers, against the City of Aiken to recover damages resulting to him from the negligent operation of a city patrol car. The jury awarded Powers actual damages. The city has appealed.

Under the terms of Section 47-71 of the 1962 Code (recently repealed) recovery may be had against a municipality only in case negligent acts on behalf of the city are the sole proximate cause of the injury. It is alleged in the complaint:

“That the aforesaid collision was the proximate result solely of the acts of negligence of the said police officer…