Court of Appeals of Georgia April 27, 1972, 46768 (Stroud v. Willingham)

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Pannell, Judge.

Melinda Stroud, by next friend, brought an action against William R. Willingham seeking to recover damages for injuries sustained when "defendant negligently drove a 1963 Chevrolet automobile into and over plaintiff.” The defendant’s answer, as amended, alleged as a fourth and fifth defense the following:- "4.