Southern Bell Telephone & Telegraph Co. v. Brackin

Felton, Chief Judge.

1. The petition sought recovery of damages on the theory that the wire left on the premises was an attractive nuisance. After material amendments to- the petition, the original demurrers were not renewed nor an additional demurrer filed. In such a case the petition insofar as questions as to its sufficiency are concerned stands as one not demurred to. Cain v. Phillips, 211 Ga. 806 (89 S. E. 2d 163). It follows that if the evidence would authorize the jury to find that the case was proved as laid the plaintiff was entitled to a verdict as against a motion for a directed…