Atlantic Company v. Jones

The petition was not subject to demurrer on the ground that there was a misjoinder of causes of action and of defendants in that general grounds of negligence and grounds of negligence per se were both alleged in the same count. The plaintiff may rely upon an act or omission as constituting negligence as a matter of fact under the circumstances, or upon the violation of a statute or ordinance as amounting to negligence per se, and the facts may be so pleaded as to show negligence of both classes in the same action. Williams v. Grier, 196 Ga. 327 (3), 339 (26 S. E. 2d, 698); Donaldson v. Great…