McCLELLAND v. NORTHWESTERN FIRE &c. CO.

35478.

91 Ga. App. 640 (1955)

86 S.E.2d 729

McCLELLAND v. NORTHWESTERN FIRE & MARINE INS. CO.

Court of Appeals of Georgia.

Decided March 17, 1955.


Attorney(s) appearing for the Case

J. Ralph McClelland, Jr., pro se.

Troutman, Sams, Schroder & Lockerman, Dan MacDougald, contra.


NICHOLS, J.

1. After the conclusion of the evidence, the defendant tendered an amendment to its answer in which it was alleged in paragraph 1 that the policy provided that the defendant would not be liable for any damage caused by a mechanical failure unless the mechanical failure itself was caused by one or more of the perils covered by the policy, and then alleged in paragraph 2 that the cause of the car going down the driveway was either the failure of the brakes...

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