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GEO. A. FULLER CONSTRUCTION CO. v. ELLIOTT

35606, 35627, 35611, 35628, 35624, 35629.

92 Ga. App. 309 (1955)

88 S.E.2d 413

GEORGE A. FULLER CONSTRUCTION CO. v. ELLIOTT et al.; and vice versa. CENTRAL OF GEORGIA RAILWAY CO. v. ELLIOTT et al.; and vice versa. SOUTHERN RAILWAY CO. v. ELLIOTT et al.; and vice versa.

Court of Appeals of Georgia.

Rehearing Denied July 14, 1955.

Attorney(s) appearing for the Case

Maddox & Maddox, James Maddox, for Mrs. Ben H. Elliott.

Bryan, Carter, Ansley & Smith, Tom Willingham, W. Colquitt Carter, for George A. Fuller Construction Company.

Matthews, Maddox, Walton & Smith, John W. Maddox, for Central of Georgia Railway Company.

Wright, Rogers, Magruder & Hoyt, Wade C. Hoyt, Jr., for Southern Railway Company.

NICHOLS, J.

1. The allegations of the petition as amended, to the effect that there was no flagman at the crossing, were not subject to the special demurrers of the defendants Central of Georgia Railway Company and Southern Railway Company in cases Nos. 35611 and 35624, on the ground that the allegations were immaterial and irrelevant, for the reason that whether a flagman was at the crossing had no causal connection with...

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