STEPHENS v. TATUM

35736.

92 Ga. App. 256 (1955)

88 S.E.2d 456

STEPHENS v. TATUM.

Court of Appeals of Georgia.

Decided June 17, 1955.


Attorney(s) appearing for the Case

Ben F. Smith, for plaintiff in error.

Wheeler, Robinson & Thurmond, contra.


TOWNSEND, J.

Assuming that certain of the demurrers are speaking demurrers, such as ground 3, which presumes that the deceased was traveling at the same speed as the defendant's agent, which is not alleged, there remain demurrers on the grounds that no cause of action is set out, that the deceased could, by the exercise of ordinary care, have avoided the injury to himself, and that, if the defendant was negligent, such...

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