Smith v. Hodges

(After stating the foregoing facts.) It is our opinion that the court erred in sustaining the general demurrer and dismissing the petition. The proposition would hardly be debatable if the petition had contained more general averments of negli*320gence, witli no statement of facts either to support or dispute such conclusions, since it appears to be settled that “mere general averments of negligence are sufficient as against a general demurrer.” Hudgins v. Coca-Cola Bottling Co., 122 Ga. 695 (50 S. E. 974); Kemp v. Central of Georgia Ry. Co., 122 Ga. 559 (4) (50 S. E. 465); Stewart v. Greene, 124…