Central of Georgia Railway Co. v. Prior , 142 Ga. 536 ( 1914 )

Atkinson, ■ J.,

concurs in the result, but is of the opinion that the allegations of the original petition and amendments, taken as a whole, amounted to charging that the defendant’s agents actually saw the person who was upon the track, and that the allegation that they could have seen or should have seen was mere surplusage.