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POWERS v. CITY OF AIKEN

19116

255 S.C. 115 (1970)

177 S.E.2d 370

John M. POWERS, Respondent, v. The CITY OF AIKEN, Appellant.

Supreme Court of South Carolina.

November 2, 1970.

Attorney(s) appearing for the Case

Henry Busbee, Esq., of Aiken, for Appellant.

John T. Bodenheimer, Esq., of Henderson, Salley, Cushman & Bodenheimer, of Aiken, for Respondent.

November 2, 1970.

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Under the terms of Section 47-71 of the 1962 Code (recently repealed) recovery may be had against a municipality only in case negligent acts on behalf of the city are the sole proximate...

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