Coweta County v. Banister
Coweta County v. Banister
Opinion of the Court
It is not specifically alleged that any negligence of the defendant was the proximate cause of the death of the plaintiff’s intestate, but treating the allegation, “Defendants have injured and damaged . . by reason of the following facts,” as being sufficient, it nevertheless must be held that no cause of action is set forth by the amended petition. The petition alleges that the guardrails on the bridge on the highway in question “were broken down and broken off at least half way across the upper or north side of said bridge.” It alleges that the bridge was at the beginning of a right-angle turn. It is not alleged whether the guardrails were missing from the east or west half of the north side of the bridge. It is also not alleged whether the right-angle turn was on the east or west side of the bridge and in what direction it turned. In the absence of such allegations, this court cannot determine whether the missing guardrails, even if their absence amounted to negligence, might be found to be the proximate cause of the injuries sued for. Construing the petition against the pleader, the right-angle turn
The court erred in overruling the general demurrer to the petition.
Judgment reversed:
Case-law data current through December 31, 2025. Source: CourtListener bulk data.