47 Ga. App. 336 | Ga. Ct. App. | 1933
The Supreme Court, in the case of Central of Georgia Ry. Co. v. Keating, 177 Ga. 345 (170 S. E. — ), reversed the judgment of this court in Central of Georgia Ry. Co. v. Keating, 45 Ga. App. 811 (165 S. E. 873), holding that this court erred in certain of its rulings therein. The Supreme Court held that this court erred in holding that the trial judge did not err in refusing to admit evidence with reference to the speed of a certain automobile shortly before the accident. Therefore division 1 of the opinion of this court and the corresponding lieadnote are revoked and overruled. The Supreme Court further ruled that the special demurrer of the defendant to the allegations of paragraphs 12, 22, and subparagraph 3 of paragraph 25 of the petition, to the effect that the defendant was negligent in “ allowing sand, rock, and
Judgment reversed.