Lusk v. Smith

Bell, Presiding Judge.

The plaintiff in error relies heavily upon the case of Farkas v. Kaufman, 108 Ga. App. 659 (134 SE2d 488), contending in effect that Farkas is authority for the proposition that a petition alleging that two joint tortfeasors each failed to yield the right of way to the other’s vehicle is in the alternative and thus is subject to general demurrer, since the petition, being construed against the pleader, is subject to the inference that each of the defendants had the right of way and thus neither would be negligent in proceeding into the intersection. That contention,…