Davis v. Aiken , 111 Ga. App. 505 ( 1965 )

Eberhardt, Judge,

concurring specially. Since it appears from the allegations of the petition that plaintiff was in an unprotected area alongside the track when he was injured, it must be concluded, as was held in Tatum v. Clemones, 105 Ga. App. 221 (124 SE2d 425), that “with a knowledge of the dangers inherent to one occupying such a position [he] assumed the risk of injury, and the trial court did not err in sustaining the defendant [s]’ general demurrer [s].”

I am authorized to state that Judge Jordan concurs in this view.