Seaboard Air Line Railroad v. Hawkins

Jordan, Presiding Judge.

In these companion cases the defendant railroad company appeals from rulings of the trial court allowing the two plaintiffs, a wife and her husband, to maintain actions against the company based on a grade crossing collision between a vehicle operated by the wife and the defendant’s train. Held:

1. Where a plaintiff elects to amend within the time specified in an order sustaining general and special demurrers and providing for automatic dismissal upon a failure to amend within the time specified, “he is entitled to have his entire petition as amended considered on…