HILL, Justice.
The trial court held Sec. 41 (a) of the Civil Practice Act of 1966 (Ga. L. 1966, pp. 609, 653; Code Ann. § 81A-141 (a)), to be unconstitutional under the facts of this case. Appellees make a strong argument here to uphold the trial court's decision.
This is a tort suit for the wrongful death of a passenger in an automobile which was struck by a train. The defendants are the railroad and the administratrix of the driver of the automobile...
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