Epps v. Southern Bell Telephone & Telegraph Company

Carlisle, Judge.

1. While on general demurrer, a petition must be construed most strongly against the pleader and if any inferences unfavorable to the rights of the plaintiff may be fairly drawn therefrom, the general demurrer will be sustained, this rule ought not to be applied so as to reach a strained or unnatural construction of the words used and the facts alleged. Toler v. Goodin, 200 Ga. 527, 535 (37 S. E. 2d 609). Neither should this rule be so applied as to circumvent or override the broader and more salutary rule that questions of negligence, diligence, contributory negligence and of…