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GRANT v. McKIERNAN

32852, 32853.

82 Ga. App. 82 (1950)

60 S.E.2d 794

GRANT v. McKIERNAN; and vice versa.

Court of Appeals of Georgia.

Decided July 7, 1950.

Attorney(s) appearing for the Case

William P. Whelchel, J.B.G. Logan, Kimzey, Griggs & Crawford, for plaintiff in error.

Wheeler, Robinson & Thurmond, Irwin R. Kimzey, F. Jack Adams, contra.

GARDNER, J.

1. The cross-bill of exceptions recites that counsel for Mrs. McKiernan during the course of the trial "made an oral motion in the nature of a general demurrer to strike certain paragraphs contained in the cross-action filed . . by Mrs. Grant" the ground being that these paragraphs alleged negligence per se of the plaintiff in driving faster than the speed limit set by the Department of Public Safety, the contention being that the act of the legislature...

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