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CHITTY v. HORNE-WILSON, INC.

35719.

92 Ga. App. 721 (1955)

89 S.E.2d 820

CHITTY v. HORNE-WILSON, INC., et al.

Court of Appeals of Georgia.

Rehearing Denied October 11, 1955.

Attorney(s) appearing for the Case

Robert W. Reynolds, for plaintiff in error.

Peacock, Perry, Kelley & Walters, Gibson & DeLoache, contra.

QUILLIAN, J.

This case is factually identical and involves a decision of the same questions as the case of Chitty v. Horne-Wilson, Inc., ante, and is controlled by the decision in that case, except that the petition in the present case is demurred to on one additional ground not presented by the demurrer in the controlling case.

Paragraph 11 of the petition reads: "On December 13, 1952, at or about 7:30 a. m., plaintiff's husband observed smoke...

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