Hein v. Morgan

Ebexrhard-t, Judge.

1. The rulings• on demurrer. The defendant could not admit all of the allegations of this petition and escape liability. The general demurrer was properly overruled. Douglas, Augusta &c. R. Co. v. Swindle, 2 Ga. App. 550 (1) (59 SE 600). This we hold though at the conclusion of the evidence plaintiff abandoned the allegation that defendant’s car was being operated in excess of 60 miles per hour, there having been no proof of it, and defendant thereupon renewed his demurrers.

It is true that “the mere fact that one vehicle is struck in its rear, while another is not struck,…