HEIN v. MORGAN

41530.

112 Ga. App. 535 (1965)

145 S.E.2d 780

HEIN v. MORGAN.

Court of Appeals of Georgia.

Decided September 29, 1965.

Rehearing Denied October 25, 1965.


Attorney(s) appearing for the Case

Erwin, Birchmore & Epting, Eugene A. Epting, for plaintiff in error.

Rupert A. Brown, Jim Hudson, contra.


EBERHARDT, Judge.

1. The rulings on demurrer. The defendant could not admit all of the allegations of this petition and escape liability. The general demurrer was properly overruled. Douglas, Augusta &c. R. Co. v. Swindle, 2 Ga.App. 550 (1) (59 SE 600). This we hold though at the conclusion of the evidence plaintiff abandoned the allegation that defendant's car was being operated in excess of 60 miles per hour, there having been no proof of it, and...

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