Rose v. Morris

Gardner, Presiding Judge.

It is a correct principle of law that on general demurrer all facts properly pleaded must be accepted as true. See Citizens & Southern Nat. Bank v. King, 184 Ga. 238, 247 (190 S. E. 857). It is also elementary that questions of negligence are ordinarily for determination by a jury. Counsel for the plaintiff relies on Hunt v. Thomasville Baseball Co., 80 Ga. App. 572 (56 S. E. 2d 828) wherein this court upheld the sustaining of a general demurrer. The petition there alleged that a person was sitting in an unprotected area attending a baseball game and was hit by a…