WORRILL, J.
1. The first exception pendente lite is to the order of the trial judge in overruling the general grounds of the defendant's renewed demurrer. A tort is the unlawful violation of a private legal right by reason of which some special damage accrues to the individual. Code, § 105-101. A plaintiff need allege only the factum of the duty, a violation of that duty and damages proximately resulting therefrom in order to withstand a general demurrer.
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