Central of Georgia Railway Co. v. Ledbetter , 46 Ga. App. 500 ( 1933 )

Broyles, C. J.,

dissenting. The plaintiff, under the facts set forth in his petition was either a trespasser or a bare licensee; and under the rulings in Rawlings v. Pickren, 45 Ga. App. 261 (164 S. E. 223), Bynum v. Savannah, 33 Ga. App. 502 (126 S. E. 857), and Todd v. Armour, 44 Ga. App. 609 (supra), the petition failed to set out a cause of action, and the court erred in overruling the defendant’s oral motion to dismiss the case. In my opinion the judgment should be reversed.