Whitman, Judge,
concurring specially in dissent.
I concur in the dissenting opinion of Presiding Judge Jordan, and would add the following: Motion for summary judgment by Brunswick Pulp & Paper Company, one of the defendants below and appellee here, and hereafter referred to as Brunswick, is based in part upon the pleadings. Paragraph 4 of appellant Wood’s original complaint against appellee and co-defendant Morris alleges that Morris was an employee, agent and servant of defendant Brunswick, and was engaged in the course of said employment, and paragraph 5 of the complaint alleged that Brunswick as employer, principal and master of defendant Morris is liable for any and all damages resulting from his negligent *888acts. By paragraph 4 of his second defense Morris admitted he was an employee of Brunswick. However, by an amendment to his answer Morris struck paragraphs 4 and 5 of his second defense in their entirety and inserted in lieu thereof a new paragraph numbered 4, in which he denied the allegations of paragraphs 4, 5 and 6 of the plaintiff’s complaint, and alleged that his relationship with Brunswick was that of an independent contractor. This state of the pleadings is mentioned in appellant’s brief but apparently the original admission of Morris in respect of employment is not relied on, it being asserted in appellant’s brief that “the issue on appeal is whether or not, from the pleadings, interrogatories and answers thereto, deposition and affidavits, there exists a genuine issue of material fact as to (1) whether or not J. D. Morris was the employee, servant or agent of appellee at the times complained of, and, if not, (2) whether or not appellee retained or assumed the right to control the method and means of J. D. Morris’ performance of his work for appellee at said times, so that the doctrine of respondeat superior would apply.” The original answer of defendant Morris admitting paragraph 4 of the complaint was not offered or admitted in evidence on the hearing of the motion for summary judgment. By béing stricken, the admission by defendant Morris in his original answer was after the amendment no longer a part of the pleadings in the case and without effect in the determination of the motion for summary judgment. See Sellers v. Sellers, 76 Ga. App. 410 (2) (46 SE2d 205); Hutchins v. McDowell, 202 Ga. 1, 7 (41 SE2d 300).