Hicks v. Kaplan

Felton, Chief Judge.

The court erred in sustaining the general demurrer to the amended petition. The petition did not affirmatively show that the plaintiff was barred by her own neg*759ligence. Belk Gallant Co. v. McCrary, 88 Ga. App. 829 (78 SE2d 198); Building Investments, Inc. v. Jackson, 100 Ga. App. 827 (112 SE2d 359). The facts alleged in this case are similar to those alleged in Wicker v. Roberts, 91 Ga. App. 490 (86 SE2d 350) where the petition was held good as against a general demurrer. Roberts v. Wicker, 213 Ga. 352 (99 SE2d 84) is distinguishable from Wicker v. Roberts, supra, because…