Paschal v. Hardwick

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

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.