Fletcher v. Abbott

92 Ga. App. 364 (1955)

88 S.E.2d 445

FLETCHER

v.

ABBOTT.

HICKS

v.

ABBOTT.

35513, 35514, 35577, 35578.

Court of Appeals of Georgia.

Decided June 6, 1955.

J. Lundie Smith, B. Lamar Tillman, for plaintiff in error.

Robert R. Forrester, R. D. Smith, contra.

NICHOLS, J.

1. Construing the equivocal or contradictory allegations of fact against the pleader — where it is alleged in one paragraph of the petition that Fletcher followed behind the truck at the time the latter stopped at a distance of 50 feet, and that he was negligent in following behind the truck a distance of 55 feet — the latter figure will be…