WHITTIER v. NATIONWIDE MUTUAL INSURANCE COMPANY

40658.

109 Ga. App. 649 (1964)

137 S.E.2d 91

WHITTIER v. NATIONWIDE MUTUAL INSURANCE COMPANY.

Court of Appeals of Georgia.

Decided April 30, 1964.


Attorney(s) appearing for the Case

Brannen, Clark & Hester, Eugene McCracken, for plaintiff in error.

Charles C. Martin, contra.


PANNELL, Judge.

1. The cardinal rule for the construction of a petition is to ascertain the intention of the pleader. Cook v. Grimsley, 175 Ga. 138 (165 SE 30). Pleadings, on demurrer, are construed as a whole and given their natural intent. Georgia Power Co. v. Leonard, 187 Ga. 608, 614 (4) (1 S.E.2d 579). The final test of the sufficiency of a petition is whether the defendant can admit all that is alleged and escape liability. Pullman Palace Car...

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