Paschal v. Hardwick
| Decision Date | 17 October 1942 |
| Docket Number | 29706. |
| Citation | 23 S.E.2d 465,68 Ga.App. 571 |
| Parties | PASCHAL v. HARDWICK. |
| Court | Georgia Court of Appeals |
Rehearing Denied Dec. 15, 1942.
Syllabus Opinion by the Court.
Randall Evans, Jr., and Jack D. Evans, both of Thomson, for plaintiff in error.
Stevens & Stevens, of Thomson, for defendant in error.
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 case nugatory.
Judgment reversed.
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...Atlanta B. & C.R. Co., 47 Ga.App. 85, 88, 169 S.E. 756; Southern Ry. Co. v. McCrary, 55 Ga.App. 406(2), 190 S.E. 195; Paschal v. Hardwick, 68 Ga.App. 571(1), 23 S.E.2d 465, holding that a petition alleging in one count violations of the duty to exercise ordinary care and of the duty to refr......
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...plaintiff was not a guest; count two charging recklessness and that plaintiff was a guest. She discussion 277 N.W. 311. Paschal v. Hardwick, 68 Ga.App. 571, 23 S.E.2d 465, holding that slight negligence and wanton conduct may be pleaded in different counts of complaint. She also, Michels v.......
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