McKenzie v. Foy & Shemwell

E. Y. McKenzie, executor of the estate of J. W. Wooten, as plaintiff, sued Eoy & Sliemwell, a partnership, and Georgia-Alabama Power Company, a corporation, for damages of the killing of two mules. The defendants interposed separate demurrers, both special and general, to the petition. The court sustained the general demurrer of Eoy & Shemwell, and each and every ground of the demurrer of the power company, and we are called upon to say whether or not it erred in so doing.

The petition as amended ivas substantially as follows: Foy & Shemwell operated, controlled, and possessed a line of wires…