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PICKETT v. GA., ALA. & FLA. R. CO.

37297.

98 Ga. App. 709 (1958)

106 S.E.2d 285

PICKETT et al. v. GEORGIA, FLORIDA & ALABAMA RAILROAD COMPANY.

Court of Appeals of Georgia.

Decided November 26, 1958.

Attorney(s) appearing for the Case

J. E. B. Stewart, for plaintiffs in error.

Dykes, Dykes & Marshall, T. O. Marshall, Jr., contra.

QUILLIAN, Judge.

The only question for decision is whether the petition alleged facts, which if proved, could be considered by the jury as showing bad faith on the part of the railroad company. If the averments of the petition are sufficient for that purpose, under the provisions of Code § 20-1404, the issue of whether the plaintiff is entitled to recover attorney's fees is made by the pleading.

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