Blanchard v. Gallahar
33 S.E.2d 379 | Ga. Ct. App. | 1945
The petition failed to set out a cause of action against the defendant, and the court erred in overruling his general demurrer.
In the instant case there was no allegation in the amended petition that the master had been negligent in employing his servant Dunn. Under the foregoing rulings, and the allegations and facts set forth in the petition, and properly construing the petition (most strongly against the plaintiff), we think that it appeared from the petition itself that Dunn and Gallahar were fellow servants, and that Blanchard was not liable for the death of Gallahar; and that the court erred in overruling Blanchard's general demurrer to the petition.
Judgment reversed. MacIntyre and Gardner, JJ., concur.