Sikes v. Norris

The majority opinion clearly recognizes the contradictory nature of the pleadings in the petition, but then proceeds to harmonize the conflicting allegations by adopting a construction favorable to the pleader, thus violating a well-established principle of law. In construing contradictory pleadings, the. version most unfavorable to the pleader must be taken, as a pleading must be construed most strongly against the pleader. Independent Life cfee. Ins. Co. v. Pantone, 80 Ga. App. 426 (1) (56 S. E. 2d 153).

The petition alleges the occurrence of a collision between two automobiles and also…