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ATTAWAY v. ONE CHEVROLET 5-P TRUCK

17110

228 S.C. 559 (1956)

91 S.E.2d 270

BERTHA ATTAWAY, Administratrix of Estate of J.L. Attaway, Appellant, v. ONE CHEVROLET 5-P TRUCK, Motor No. LEA 852870, 1953 License P 1392, and ERNEST NIX, Respondents.

Supreme Court of South Carolina.

February 6, 1956.

Attorney(s) appearing for the Case

Messrs. M.J. Yarbrough, and Griffith, Coleman & Griffith, of Saluda, for Appellant.

Messrs. Haynesworth, Perry, Bryant, Marion & Johnstone, of Greenville, for Respondents.

February 6, 1956.

TAYLOR, Justice.

This appeal arises out of an action brought in the Court of Common Pleas for Saluda County in which appellant seeks damages for the alleged wrongful death of a minor, J.L. Attaway, by reason of the negligent operation of the respondent truck by respondent, Ernest Nix.

At the conclusion of appellant's testimony, motion was made for a nonsuit on the ground that appellant had failed to prove any actionable negligence...

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