Payne v. Simmons

A previous verdict in behalf of the plaintiff was set aside by a judgment rendered by this court. Southern Ry. Co. v. Simmons, 24 Ga. App. 96 (100 S. E. 5). Before the second trial of the case in the superior court the petition was amended by setting forth additional grounds of negligence. While exception is taken to the order of the court overruling the demurrer to each of the additional allegations of negligence as set forth in the amendment, the court in its charge plainly and expressly limited the right of plaintiff to recover to the one ground of the' amendment setting up the negligence…