Movsovitz v. Wills
Movsovitz v. Wills
Opinion of the Court
The defendant objected to the trial court allowing the plaintiff to amend the petition on the ground that there was not enough in the petition as originally filed to amend by. Code § 81-1302 provides: “A petition showing a plaintiff and a defendant, and setting out sufficient to indicate and specify some particular fact or transaction as a cause of action, shall be
The defendant contends that the 'petition as amended did not set forth a cause of action. The petition alleged that the plaintiff was struck by an automobile being driven by the defendant while the plaintiff was crossing Broughton Street in the City of Savannah, and that the plaintiff was some six feet out into the street when the plaintiff’s automobile struck her. The petition alleges that the defendant was guilty of negligence per se in operating her automobile in violation of Code § 68-304, was guilty of negligence per se in violating Code § 68-301, wa.s guilty of negligence per se in violating a valid ordinance of the City of Savannah, which ordinance was quoted in the petition, by not operating her automobile in a careful and cautious manner, and in failing to keep a proper lookout ahead; and the petition charged the defendant with other acts of negligence. The petition set out a cause of action and was good as against a general demurrer. See He-Po Gas Inc. v. Roath, 87 Ga. App. 827, 829 (75 S. E. 2d 451); Ivey v. Symms, 87 Ga. App. 211 (73 S. E. 2d 333), and cases cited.
The error assigned on the trial court’s ruling on the special demurrers, not being argued or insisted upon, will be treated as abandoned.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.