ATLANTIC COMPANY v. TAYLOR

32598.

80 Ga. App. 25 (1949)

54 S.E.2d 910

ATLANTIC COMPANY v. TAYLOR.

Court of Appeals of Georgia.

Decided September 10, 1949.


Attorney(s) appearing for the Case

S. B. Lippitt, for plaintiff in error.

J. Neely Peacock Jr., contra.


FELTON, J.

1. The court did not err in overruling the general or special demurrers to the first count of the petition. The allegations are sufficient to allege that the plaintiff was an invitee on the truck, engaged in an undertaking of mutual benefit to him and the defendant. The allegation, that "Said Anderson had authority to permit and allow plaintiff to assist in the operation of the truck," is not a conclusion but is an allegation of an ultimate fact. It was...

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