Porier v. Spivey

1. The petition seeks to recover for the separate injuries sustained by the plaintiffs as well as for the damages to the automobile allegedly owned by the plaintiff George B. Porier. No special demurrers were filed, and a general demurrer will not reach a misjoinder of parties or causes of action. Linder v. Wimberly, 158 Ga. 285 (123 S. E. 129), and cases cited. Therefore, no question as to a misjoinder of parties plaintiff is presented or ruled on.

2. “Diligence and negligence, including contributory negligence and proximate cause, are ordinarily peculiarly for the jury and the courts will…