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CITY OF ATLANTA v. CHERRY

33600, 33601, 33602, 33603, 33604.

84 Ga. App. 728 (1951)

67 S.E.2d 317

CITY OF ATLANTA et al. v. CHERRY. SOUTHERN AIRWAYS INC. et al. v. CHERRY. EASTERN AIR LINES INC. et al. v. CHERRY. DELTA AIR LINES INC. et al. v. CHERRY. CAPITAL AIR LINES INC. et al. v. CHERRY.

Court of Appeals of Georgia.

Decided October 17, 1951.

Attorney(s) appearing for the Case

J. C. Savage, J. C. Murphy, J. M. B. Bloodworth, John E. Feagin, Henry L. Bowden, for City of Atlanta.

Gambrell, Harlan & Barwick, M. Cook Barwick, James C. Hill, for Southern Airways and Eastern Air Lines.

Elbert P. Tuttle, Sutherland, Tuttle & Brennan, for Capital Airlines, et al.

J. Winston Huff, Powell, Goldstein, Frazer & Murphy, for Delta Air Lines.

William G. McRae, Eugene R. Simons, for Cherry.

FELTON, J.

1. In the original opinion we ruled that the exceptions to the overruling of the general demurrers and special demurrers to the original petition, which included the demurrers for misjoinder of parties and causes of action, were premature. On rehearing in cases numbers 33601, 33602, and 33603, and on the court's own motion in cases numbers 33600 and 33604, the ruling and judgment of affirmance in each case is vacated for the reason that the amendment striking...

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