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PHILLIPS v. HOWARD

40418, 40432.

109 Ga. App. 404 (1964)

136 S.E.2d 473

PHILLIPS v. HOWARD et al. ATLANTA TRANSIT SYSTEM, INC. et al. v. HOWARD et al.

Court of Appeals of Georgia.

Rehearing Denied March 19, 1964.

Attorney(s) appearing for the Case

Greene, Neely, Buckley & DeRieux, Edgar A. Neely, Jr., J. Douglas Stewart, for plaintiffs in error (Case No. 40418).

Walter B. Fincher, Dent Acree, Jule W. Felton, Jr., contra.

Hansell, Post, Brandon & Dorsey, Hugh M. Dorsey, Jr., Jule W. Felton, Jr., Dent Acree, for plaintiffs in error (Case No. 40432).

Greene, Neely, Buckley & DeRieux, Edgar A. Neely, Jr., Walter B. Fincher, contra.

BELL, Presiding Judge.

Re: Case No. 40432.

1. By direct exceptions the defendants Atlanta Transit Co. and Bates object to the trial court's striking at the pre-trial hearing a particular paragraph of the petition which in substance alleged that the other defendant, Phillips, had violated an officially installed red light when entering the intersection and colliding with the trackless trolley.

There is merit in this assignment.

In all...

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