Atlanta, Birmingham & Coast Railroad v. Mullis

1. In this suit against a railroad company and an individual to recover damages for personal injuries alleged to have been sustained by the plaintiff as a result of the concurring negligence of the defendants, the petition as against the railroad company was fatally defective and subject to general demurrer because it affirmatively appeared from the allegations that the proximate cause of the plaintiff's injuries was not the conduct of the defendant railroad company in placing the piling and beams upon the roadside,' but was the defect in the gear of the truck on which the plaintiff was…