Southern Railway Co. v. Rollins

1. The allegation in the seventh paragraph of the petition, that “petitioner is informed and believes that the deceased was first struck” by a certain southbound train of the defendant company, was subject to special demurrer upon the ground that it stated only the plaintiff’s information and belief and did not allege an issuable fact. The court, *271therefore, erred in not sustaining the demurrer and striking this allegation, in the absence of a proper amendment to cure the defect.

Decided May 11, 1932.(a) The imperfection in the allegation as to the first train which struck the decedent…