Georgia Southwestern & Gulf Railroad v. Lasseter

ON MOTION FOR REHEARING.

Bell, J.

The motion for rehearing filed in behalf of the plaintiff in error contains several grounds, but the chief contention urged therein is in relation to the construction to be placed upon our former decision in'this case. It is insisted that the adjudication then made was that, in response to the special demurrers, all the allegations of negligence should have been stricken, with' the result that the petition was or would be fatally defective and subject to dismissal for failure, by any proper averments, to show *163negligence on the part of the defendant. Compare…