
    13748.
    Livingston v. Callaway.
    Decided November 14, 1922.
    Action for damages; from Bichmond superior court — Judge Henry C. Hammond. May 20, 1922.
    By thp proposed amendments the plaintiff sought to strike from the petition the representative character of the defendant, and to allege negligence on his part in allowing the chimney in question to remain in a dangerous state of disrepair after the defendant took charge of the property as executor.
    
      Pierce Brothers, G. II. & B. S. Cohen, for plaintiff.
    
      Callaway & Howard, for defendant.
   Bloodworth, J.

When this case was first before this court (28 Ga. App. 453, 111 S. E. 742) it was held that “the petition as amended did not set out a cause of action.” Under this ruling and the other rulings then made, the court did not err either in refusing to allow the amendments to the petition which were offered at the last trial, or in dismissing the case. Judgment affirmed.

Broyles, G. J., and, Luke, J., concur.  