Medlock v. Allison

Duckworth, Chief Justice.

On the former appearance, Allison v. Medlock, 224 Ga. 37 (159 SE2d 384), we ruled only on pleadings, and the meat of that decision is the ruling on page 41 as follows: “The plaintiff is entitled to the opportunity of proving these allegations. For this reason, dismissal of the petition was erroneous.” The allegations referred to were that the permitted streets were narrow, unpaved, wholly inadequate for use by trucks without great danger to the drivers, the trucks, the residents and other traffic, and that the ordinance is void because it confines the plaintiff’s use…