UNITED STATES FIDELITY & GUARANTY CO. v. SANDERS

36490.

94 Ga. App. 904 (1957)

96 S.E.2d 531

UNITED STATES FIDELITY & GUARANTY Co. v. SANDERS.

Court of Appeals of Georgia.

Decided January 22, 1957.


Attorney(s) appearing for the Case

A. Mims Wilkinson, Jr., for plaintiff in error.

Ray Gary, contra.


TOWNSEND, J.

1. "It is well settled law that in the absence of demurrer directed specifically to this point, where a cause of action is set out which would entitle the plaintiff to recover on proof of ordinary negligence on the part of the defendant, the mere fact that the plaintiff characterizes the acts of negligence set out as being gross will not defeat recovery, where ordinary negligence is proved. Blanchard v. Ogletree, 41 Ga.App. 4, 10 (152 S...

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