143 Ga. 153 | Ga. | 1915
(After stating the foregoing facts.) The only ground on which the demurrer was sustained was that of a misjoinder of parties defendant.' The order stated that the other grounds of demurrer were not passed upon. Accordingly, it only remains to be determined whether the allegations sufficiently show that the injury resulted from negligence in which each of the defendants was guilty. As to the Coca Cola Bottling Co., it was alleged that it supplied Merlin with coca cola, and by custom and under contract it delivered the full bottles at the store of Merlin and took up and carried back to its place of business all empty bottles of the company. • On the day named the company just named, through its agents, delivered a quantity of coca cola in bottles to Merlin at his store, collected up the empty bottles, about two dozen in number, for the purpose of carrying them away, and carried them to the front of the store. At that point, directly on the left of the door entering from the street, was a small projection upon which the agents of the company set the empty bottles, and stopped for a few minutes while conversing with an employee of Merlin and waiting for the rain to subside. The place where the bottles were set was a hazardous and dangerous place, and was so known to both Merlin
So far as Merlin was concerned, in addition to the allegations already mentioned, more especially affecting the acts and conduct of the agents of the company, it was alleged, that he conducted a general store which was open to the public and where they were invited to be; that he knew that the place where the empty bottles were set by the agents of the company was a hazardous and dangerous place; that his clerk opened his store door and caused the bottles to be precipitated from such place upon the sidewalk and broken; that Merlin, as well as the agents of the company, witnessed this knocking of the bottles upon the sidewalk and break
We think that the allegations sufficiently show negligence on the part of each of the defendants, contributing to produce the injury; at least, so far as to withstand the demurrer on the single ground that there was a misjoinder of parties defendant. The other grounds of the demurrer were not passed upon. Whether or not the defendants or either of them were as a matter of fact guilty of negligence proximately causing the injury is not now determined, but that issue may be for determination hereafter. What we now hold is that it was error to dismiss the petition on the ground of misjoinder of parties defendant.
Judgment reversed.