Southern Railway Co. v. Overnite Transportation Co.

Undercofder, Justice.

When this case was here previously, we affirmed the judgment of the trial court and held that Code Ann. § 114-403 (Ga. L. 1963, pp. 141, 145) is constitutional as against the numerous attacks made on its validity by the demurrers of Southern Railway Co. Southern R. Co. v. Overnite Transportation Co., 223 Ga. 825 (158 SE2d 387). Over-nite then filed a motion for summary judgment in the trial court with an affidavit attached. Southern responded to this motion by amending its answer and again asserting that Code Ann. § 114-403 is unconstitutional. Southern did not submit any…