Smith v. 670 New Street, Inc.

Russell, Judge.

The only question before us, and one which the trial court decided in the negative (after having held originally that the petition stated a cause of action) is whether the three amendments subsequent to our first opinion remove the petition from the area encompassed by the law of the case which is that the plaintiff’s injuries were due to her own negligence. The petitions have been materially amended deleting each allegation which this court in its first opinion depended upon for its conclusion that Mrs. Smith failed to exercise ordinary care for her own safety in the manner in…