Hilderbrand v. Nashville, Chattanooga & Saint Louis Railway

This case has once before been to this court. N., C. & St. L. Ry. v. Hilderbrand, 48 Ga. App. 140 (172 S. E. 87). There this court held that the demurrer filed by the defendant company to the plaintiff’s petition was properly overruled. Plaintiff contends in this court that the evidence introduced at the trial proved his case as laid, and that, the court having held that the demurrer was properly overruled* he is entitled to have a jury pass upon the issues involved. Unquestionably, if the evidence supports the allegations of the petition, and does not show some other fact which would as a…