Hudgins Contracting Co. v. Smith

John E. Smith brought suit against Hudgins Contracting Company for damages to an automobile, and obtained verdict and judgment. The bill of exceptions assigns error on the overruling of general and special grounds of demurrer to the original petition, on the overruling of the demurrer to the petition as amended, and on the overruling of the motion for'new trial. The plaintiff in error insists that the petition failed to set out a cause of action, and therefore was not amendable. The petition *688alleges, in substance, that petitioner, while operating an automobile in a lawful manner on Stewart…