Rich's, Inc. v. Townsend

We wish to commend counsel for both parties for their diligence in calling to the attention of this court over one hundred citations, including Code sections and decisions of the appellate courts concerning the sufficiency and deficiency as to whether or not a petition for damages based on negligence or lack of negligence is subject to demurrer. We will not attempt to discuss all of these cases brought to our attention. We think only a few cases are necessary in order for us to arrive at a decision. We are aware that a petition must be construed most strongly against the pleader. We call…