Paschal v. Hardwick

Court of Appeals of Georgia

Paschal v. Hardwick

23 S.E.2d 465, 68 Ga. App. 571, 1942 Ga. App. LEXIS 175

CourtCourt of Appeals of Georgia

DecidedOctober 17, 1942

Docket29706.

StatusPublished

Cited by3 cases

This text of 23 S.E.2d 465 (Paschal v. Hardwick) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Paschal v. Hardwick, 23 S.E.2d 465, 68 Ga. App. 571, 1942 Ga. App. LEXIS 175 (Ga. Ct. App. 1942).

Pincite

Opinion

Broyles, C. J.

1. While in an action for damages based upon the alleged unlawful homicide of the plaintiff’s husband, the plaintiff can not in one count allege both wanton and slight negligence on the part of the defendant (Southern Ry. Co. v. McCrary, 55 Ga. App. 406, 190 S. E. 195), yet it is well settled by numerous decisions of the Supreme Court and this court that she can do so in different counts of her petition.

2. Applying the above-stated ruling to the facts of this case, the court erred in disallowing the amendment to the petition offered by the plaintiff, and that error rendered the further proceedings in the ease nugatory.

Judgment reversed.

MacIntyre and Gardner, JJ., concur.

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