Public-domain · open source
OpenJurist

68 Ga. App. 571

23 S.E.2d 465

Paschal v. Hardwick

Court of Appeals of Georgia

Decided October 17, 1942

Court of Appeals of Georgia · decided 1942-10-17

Cited by 1 later decisions — most recently October 1967

1 state decisions

Relies on Southern Railway Co. v. McCrary

Good law ✅— No negative treatment on recordhow we know

Decided 1942-10-17

View the full empirical analysis of this case →

Broyles, C. J.

¶1 1. While in an action for damages based upon the alleged unlawful homicide of the plaintiff’s husband, the plaintiff can not in one count allege both wanton and slight negligence on the part of the defendant (Southern Ry. Co. v. McCrary, 55 Ga. App. 406, 190 S. E. 195), yet it is well settled by numerous decisions of the Supreme Court and this court that she can do so in different counts of her petition.

¶2 2. Applying the above-stated ruling to the facts of this case, the court erred in disallowing the amendment to the petition offered by the plaintiff, and that error rendered the further proceedings in the ease nugatory.

¶3 Judgment reversed.

MacIntyre and Gardner, JJ., concur.
/68/gaapp/571 · .json · Public domain