Farkas v. Kaufman

Nichols, Presiding Judge.

The sole question presented for decision is whether the plaintiff’s petition set forth a cause of action against the host driver in as much as no demurrer of the defendant Day is before this court.

“When a plaintiff pleads his case in the alternative, one version of which is good and the other not, his petition will on demurrer be treated as pleading no more than the latter, since it will be construed most strongly against him. Baggett v. Edwards, 126 Ga. 463 (55 SE 250); Doyal v. Russell, 183 Ga. 518 (189 SE 32); Consolidated Distributors v. City of Atlanta, 193 Ga.…