ELLISON v. ROBINSON

36934.

96 Ga. App. 882 (1958)

101 S.E.2d 902

ELLISON v. ROBINSON.

Court of Appeals of Georgia.

Decided January 21, 1958.


Attorney(s) appearing for the Case

Dudley B. Magruder, Jr., Wright, Rogers, Magruder & Hoyt, for plaintiff in error.

J. M. Grubbs, Jr., Parker, Clary, Kent & Grubbs, contra.


QUILLIAN, Judge.

1. The defendant insists that the petition shows on its face that the plaintiff in driving 40 miles per hour in a considerable amount of fog did not exercise reasonable care for his own safety, and the trial judge erred in overruling the general demurrer. The defendant cites Reid v. Southern Ry. Co., 52 Ga.App. 508 (183 S. E. 849) as authority for this contention. It will be noted in the above case that the petition alleged that the...

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