SEABOARD AIR LINE R. CO. v. HOLLOMON

36938.

97 Ga. App. 16 (1958)

102 S.E.2d 185

SEABOARD AIR LINE RAILROAD COMPANY v. HOLLOMON.

Court of Appeals of Georgia.

Decided January 28, 1958.


Attorney(s) appearing for the Case

Dykes, Dykes, Marshall & Clark, Thomas A. Clark, for plaintiff in error.

Hollis Fort, Jr., W. W. McKinnon, contra.


QUILLIAN, Judge.

1. The defendant filed a special demurrer to paragraph 8 of the petition which alleges that the train was coasting and making very little noise. The demurrer insists that the allegation is irrelevant because it fails to show that the plaintiff was harmed by the coasting of the train. The judge properly overruled this demurrer because the allegation illustrates one of the circumstances under which the collision took place.

2. The special demurrers...

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