McPHAIL v. ATLANTIC COAST LINE R. CO.

35989.

93 Ga. App. 599 (1956)

92 S.E.2d 558

McPHAIL, by Next Friend, v. ATLANTIC COAST LINE RAILROAD COMPANY et al.

Court of Appeals of Georgia.

Rehearing Denied March 13, 1956.


Attorney(s) appearing for the Case

John M. Robbins, H. T. O'Neal, Jr., for plaintiff in error.

Whelchel & Whelchel, Moore, Gibson, DeLoache & Gardner, contra.


QUILLIAN, J.

1. The plaintiff insists that the trial judge erred in disallowing the following amendment: "And said defendant was further grossly negligent in failing to see said train upon said track, and in failing to stop or turn said vehicle so as to avoid a collision with said train." The defendants objected to the amendment as a conclusion of the pleader without any facts alleged upon which to base the conclusion pleaded. The amendment stated a mere conclusion...

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