Phillips v. Howard

Bell, Presiding Judge.

Re: Case No. 40482.

By direct exceptions the defendants Atlanta Transit Co. and Bates object to the trial court’s striking at the pre-trial hearing a particular paragraph of the petition which in substance alleged that the other defendant, Phillips, had violated an officially installed red light when entering the intersection and colliding with the trackless trolley.

There is merit in this assignment.

In all material aspects the allegations relating to the running of the red light as charged against the Transit Company and Bates were identical with those charged against…