Georgia Railroad & Banking Co. v. Sewell

Broyles, C. J.,

dissenting. In my opinion, the petition, properly construed (most strongly against the plaintiff), shows that the operator of the truck, in which the plaintiff was riding, and the plaintiff, by the exercise of ordinary care, could have avoided the consequences of the defendants’ alleged negligence. This being true, it follows that the general demurrer to the petition should have been sustained and the petition dismissed.