Daniels v. Bruce

Nichols, Judge.

The first assignment of error based on the trial court’s ruling requiring the plaintiffs to make an election as to which of the two counts of the petition they would proceed on is well taken and meritorious. “A plaintiff who sues to recover damages for a personal injury may embrace in his petition two or more separate counts, setting forth different accounts of the manner in which he was injured, so as to meet any anticipated variations in the proof which may be adduced at the trial.” Gainesville & Dahlonega Electric Ry. Co. v. Austin, 127 Ga. 120 (1) (56 S. E. 254). Also, “It…