City of Thomasville v. Campbell

1. The petition set out a cause of action, and as far as the ruling was adverse to the plaintiff in error the court did not err in passing the following order: “The special demurrer to paragraph 9 of plaintiff’s petition as set out in ground 4 of defendant’s demurrer is sustained; all other grounds of the demurrer, including the general demurrer, are overruled.” The facts in Brooks v. City of Atlanta, 1 Ga. App. 678 (57 S. E. 1081), are somewhat analogous to those in this case, and the principle announced in the decision in that case is controlling in this. See William Bensel Construction Co.…