Lee v. Georgia Forest Products Co.

On Rehearing.

Stephens, J.

It is insisted in a motion for rehearing that the language contained in the syllabus, “the dynamite caps at the time not being put to immediate use by the owner,” is not authorized by the averments of the petition; that, construing the petition most strongly against the pleader, the dynamite caps were on the roadway for the purpose of being used in the repair work or construction work being done, and there is nothing in the petition from which an inference could be authorized that the defendant negligently left the dynamite caps in an exposed position for any…