81 Ga. App. 617 | Ga. Ct. App. | 1950
On a motion to dismiss in the nature of a general demurrer the petition must be construed against the plaintiff. It alleged that Mrs. Groover, at the time and place and under the circumstances had no notice or knowledge that the bridge in its condition aforesaid had been constructed or was being maintained at the location aforesaid. Construing this allegation against the plaintiff it means that Mrs. Groover knew that the bridge was a narrow, one-way bridge. The plaintiff had the choice of his allegations and could have alleged that Mrs. Groover did not know that the bridge was a narrow,, one-way bridge if it had been true. What has just been said justifies the ruling but it is also true that the allegations of fact in the petition appear about as accurate and frank as this court has been privileged to read in a plaintiff’s petition. It even alleges that another automobile was occupying the bridge at the time Mrs. Groover sought to enter at 40 miles per hour. But however much we commend the plaintiff’s frankness as to the facts alleged, we cannot agree with most of his contentions as to the specifications of negligence. As we see and understand the allegations there are only two specifications of negligence upon
The court did not err in overruling the motion to dismiss the action in the nature of a general demurrer.
Judgment affirmed.