Opinion
41992.
ARGUED MAY 2, 1966.
DECIDED SEPTEMBER 6, 1966. REHEARING DENIED SEPTEMBER 21, 1966.
Action for damages. Spalding Superior Court. Before Judge McGehee.
Christopher Futral, Claude Christopher, for appellant.
Beck, Goddard, Owen Smalley, Robert H. Smalley, Jr., John H. Goddard, for appellee.
1. Where general and special demurrers to a petition are overruled and no exception is taken thereto, the judgment on demurrer concludes the parties upon all questions necessarily involved in the decision of the points raised on demurrer ( Gibson v. Mason, 31 Ga. App. 584 (2) ( 121 S.E. 584); Quarterman v. Godwin, 34 Ga. App. 201 ( 129 S.E. 14)), and if the plaintiff offers substantial proof of her allegations she is entitled to recover. Pierpont Mfg. Co. v. Mayor c. of Savannah, 153 Ga. 455, 457 ( 112 S.E. 462).
2. The petition here, seeking recovery for injury suffered when plaintiff was run into by defendant's dog which was chasing a truck, as was its habit, was demurred to generally, and special demurrers were filed to crucial language on the grounds that such language was a conclusion of the pleader with no facts alleged to sustain them. These demurrers were overruled and no appeal had therefrom. The plaintiff substantially proved her case as laid including the facts alleged in her petition upon which the alleged "conclusions" were based. The trial court erred, therefore, in directing a verdict for the defendant. See Howard v. C. S. Bank, 32 Ga. App. 22 ( 122 S.E. 717); Branan v. LaGrange Truck Line, 94 Ga. App. 829, 845 ( 96 S.E.2d 364).
Judgment reversed. Felton, C. J., and Frankum, J., concur.