Lamb v. Hall

Herbert Hall brought an action for damages against E. T. Lamb, as receiver of the Atlanta, Birmingham and Atlantic Railroad Company. A demurrer to the petition was filed; and an amendment was made. The defendant again demurred. The demurrer was overruled, and a bill of exceptions pendente lite was filed. A verdict was rendered in favor of the plaintiff. A motion for new trial was overruled, and the defendant excepted.

1. Only two questions raised by the demurrer need be discussed. The first is, that the petition failed to show that the plaintiff was in the exercise of ordinary care for his own…