Atlantic & Birmingham Railway Co. v. Brown

BTsh, O. J.

1. Though the trial court erred in striking, on demurrer, a paragi'aph of the answer in which it was averred that the defendant, for want of sufficient information, could neither admit nor deny the allegations of a given paragraph of the petition, such error is not cause for a new trial, when, notwithstanding such ruling, the plaintiffs submitted ample proof of the truth of such allegations.

'2: The law applicable to the controlling issues in this ease was announced when it was formerly before this court. Brown v. Atlantic & Birmingham Ry. Co., 126 Ga. 248. In view of the rulings…