Court of Appeals of Georgia July 16, 1941, 28837. (Whatley v. Henry)

Gardner, J.

Mrs. W. E. Henry brought an action to recover damages for property and personal injuries against Thurmond Whatley, and alleged that the defendant had damaged her in the sum of $25,000, in a collision of their automobiles at night, on the Barnesville-Perry highway, route 7, in Crawford County, by his negligence, in that the defendant (unpleaded, but set up by evidence unobjected to)