CURL v. CHERRY

39280.

105 Ga. App. 239 (1962)

124 S.E.2d 289

CURL v. CHERRY, Next Friend.

Court of Appeals of Georgia.

Decided January 25, 1962.


Attorney(s) appearing for the Case

R. M. Daley, Jones & Douglas, Paul J. Jones, Jr., for plaintiff in error.

Thompson & Briley, Joseph H. Briley, H. Dale Thompson, contra.


EBERHARDT, Judge.

In accordance with the well-settled rule that ambiguous pleadings are to be construed most strongly against the pleader and that pleadings are to be construed in the light of their omissions as well as their averments, the failure of the plaintiff to allege facts as to what status he occupied on the defendant's property will be construed as an allegation that the plaintiff was a bare licensee or a trespasser...

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