1. The petition as originally filed contained sufficient allegations to be amendable.

2. The petition as amended set forth a cause of action and was not subject to general demurrer.

Mrs. Sophie Wills sued Mrs. Julia Movsovitz in the City Court of Savannah. The petition as originally filed, omitting formal parts, set forth the following: The defendant is a resident of Chatham County, Georgia. "2. Broughton Street is a thoroughfare in the City of Savannah, running east and west." At about 5:30 o'clock in the afternoon of January 26, 1954, the plaintiff was crossing from the north side of Broughton Street to the south side at a point in front of the entrance to the Abrahams Home, which is located at 548 Broughton Street, Savannah, Georgia. As the plaintiff was crossing the street, the defendant while driving an Oldsmobile automobile westwardly caused said automobile to run into and knock the plaintiff to the ground, inflicting upon her the injuries and damages pleaded. At the time the plaintiff was hit, she was at least six feet from the northern curb when the automobile hit her left side. "4. At the said time there was considerable pedestrian traffic in this neighborhood. It had been raining and the streets were wet. The speed at which the defendant was driving was greater than was reasonable and proper, having a due regard to the conditions then existing. 5. The defendant also failed to keep a proper lookout ahead and failed to have her car under control at the said time and place." As a result of being knocked down, the plaintiff was taken to St. Joseph's Hospital where she was treated for the injuries received, and she remained there until March 29, a period of two months and two days, after which she continued to be confined to her home for treatment. The plaintiff has sustained considerable pain, bodily agony, and mental anguish by reason of the injuries received, and she will continue to suffer much pain and agony in the future. She is now using crutches to get about, and does not know whether the injuries will be permanent or not, and she prays leave of the court to amend her petition at a later date when this is determined. "8. The injuries and damages sustained by plaintiff were proximately caused by the following acts of negligence on the part of the said defendant, said acts of negligence being concurrent. (a) In being negligent per se by violating the terms of section 68-1626 of the Code of Georgia in driving her automobile at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. (b) In being negligent per se by failing to proceed carefully and cautiously and to so operate, handle, and guide the machine as to avoid damage to persons in violation of a valid ordinance of the City of Savannah, known as section 59-123 of Grayson's Code, the pertinent portion of which reads as follows: 'It shall be the duty of any person or persons using upon any street in the City of Savannah an automobile of any kind of character, or any vehicle to proceed carefully and cautiously and to so operate, handle, and guide the said automobile as to avoid damage to persons or property. No vehicle shall proceed at a speed greater than that permitted by Ordinance.' (c) In being negligent per se by violating the terms of Georgia Code (section 68-1658) by failing to exercise due care to avoid colliding with any pedestrian upon any roadway. (d) In failing to keep a proper lookout ahead. (e) In failing to have her car under control so as to avoid running into and knocking down plaintiff. (f) In failing to stop her car in sufficient time as to avoid running into and knocking down plaintiff. (g) In being negligent and careless at said time and place. (h) In carelessly and negligently running into and knocking down plaintiff." The plaintiff was damaged in the sum of $25,000, and she prays for process and a judgment for $25,000.

The defendant filed special and general demurrers to the petition as originally filed. The plaintiff then amended her petition as follows: By adding to paragraph 2 the following: "Said Broughton Street is the principal street in the city with retail establishments located on both sides of the street on all blocks excepting that block which runs from Houston to East Broad Street. On this one block there are houses on the north side, but retail establishments and houses on the south side. Because of the nature of the street, there is considerable pedestrian traffic on Broughton Street at all points, including pedestrians crossing the street from north to south and front south to north at locations which are not at the street intersections. This large amount of pedestrian traffic also exists on the block between Houston and East Broad Streets, particularly because of the existence of an assembly place that has been established for the holding of meetings by the Savannah Gas Company, which assembly place is known as the Wonderflame Room, and is located on the northeast corner of Broughton and East Broad Streets. Additional large numbers of pedestrians are in this particular location because of there being many visitors to the Abrahams Home, which is a home for the aged on the northwest corner of Broughton and East Broad Streets. Broughton Street itself is approximately 35 feet wide and is paved with asphalt carrying a broken white line down its center."

Paragraph 4 of the original petition was amended by adding thereto the following: "There had been a meeting of the Hadassah Organization that afternoon at the Wonderflame Room, which meeting had adjourned only a short while before the time that plaintiff was struck. Many ladies from the organization meeting were in the neighborhood, which on this particular day added to the usual amount of pedestrian traffic. Both plaintiff and defendant had been in attendance at this meeting."

Paragraph 5 of the original petition was stricken and the following inserted in lieu thereof: "5-A. The defendant also failed to keep a proper lookout ahead. 5-B. Instead of keeping a vigilant and sharp lookout ahead of her automobile for pedestrians, the defendant was engaged in conversation with her passengers. 5-C. The defendant failed to have her car under immediate control in approaching the plaintiff pedestrian. 5-D. The defendant disregarded the statutory equal rights granted to the plaintiff to the use of the streets and failed to anticipate that the plaintiff would be crossing Broughton Street at the time."

Paragraph 8 of the original petition was stricken in its entirety and the following inserted in lieu thereof: "8. The injuries and damages sustained by plaintiff were proximately caused by the following acts of negligence on the part of the said defendant, said acts of negligence being concurrent: (a) In being negligent per se by violating the terms of Code section 68-301 in driving a motor vehicle upon a public street at a speed greater than is reasonable and safe, having due regard for the width, grade, character, traffic and common use of such street, nor so as to endanger life or limb or property in any respect whatsoever, all of which facts are hereinabove pleaded. (b) In being negligent per se by violating the terms of Georgia Code section 68-304 in failing to have her automobile at all times under immediate control upon approaching a pedestrian. (c) In being negligent per se by violating the terms of Georgia Code section 68-309 in denying to the plaintiff pedestrian her equal rights to the use of the public street. (d) In being negligent per se by violating the terms of a valid ordinance of the City of Savannah contained in Grayson's 1945 Code, the pertinent portions of which are as follows: 'It shall be the duty of any person or persons using upon any street of the City of Savannah an automobile of any kind or character or any vehicle to proceed carefully and cautiously and to so operate, handle and guide the said machine as to avoid damage to persons or property.' (e) In failing to keep a proper lookout ahead. (f) In engaging in conversation with her fellow passengers instead of keeping a vigilant lookout ahead. (g) In failing to anticipate the presence of pedestrians in front of her car on Broughton Street in the block between Houston and East Broad Streets. (h) In failing to have her car under control so as to avoid running into and knocking down the plaintiff. (i) In failing to stop her car in sufficient time to avoid running into and knocking down the plaintiff. (j) In failing to exercise ordinary care and diligence at said time and place in that she did not anticipate and detect the presence of the plaintiff and avoid striking her. (k) In failing to avoid hitting the plaintiff. (l) In failing to exercise ordinary care and diligence at the said time and place. (m) In being negligent and careless at said time and place. (n) In carelessly and negligently running into and knocking down the plaintiff."

After the above amendments were made, the defendant renewed her general and special demurrers, and objected to the amendments being allowed upon the ground that the petition as originally filed did not contain enough to amend by. The trial court overruled the defendant's demurrers and objections, and to this ruling the defendant excepted.

1. The defendant objected to the trial court allowing the plaintiff to amend the petition on the ground that there was not enough in the petition as originally filed to amend by. Code 81-1302 provides: "A petition showing a plaintiff and a defendant, and setting out sufficient to indicate and specify some particular fact or transaction as a cause of action, shall be enough to amend by . . . If the declaration shall omit to allege facts essential to raise the duty or obligation involved in the cause of action which was evidently originally intended to be declared upon, the omitted fact may be supplied by amendment." The petition as originally filed showed that the defendant, while driving her automobile on January 26, 1954, struck the plaintiff, who was a pedestrian crossing Broughton Street, in Savannah, Georgia, and that the defendant was negligent in the manner in which she was operating her automobile. The plaintiff prayed for money damages for injuries, pain, and suffering that were sustained because of the defendant's automobile striking her. Accordingly, there is no merit in the contention of the defendant that the petition did not contain enough to amend by. See Cannon v. Hood Construction Co., 91 Ga. App. 20, 24 (84 S. E. 2d 604); Swinford v. Burdett Realty Co., 91 Ga. App. 375 (85 S. E. 2d 631), and cases cited.

2. The defendant contends that the petition as amended did not set forth a cause of action. The petition alleged that the plaintiff was struck by an automobile being driven by the defendant while the plaintiff was crossing Broughton Street in the City of Savannah, and that the plaintiff was some six feet out into the street when the plaintiff's automobile struck her. The petition alleges that the defendant was guilty of negligence per se in operating her automobile in violation of Code 68-304, was guilty of negligence per se in violating Code 68-301, was guilty of negligence per se in violating a valid ordinance of the City of Savannah, which ordinance was quoted in the petition, by not operating her automobile in a careful and cautious manner, and in failing to keep a proper lookout ahead; and the petition charged the defendant with other acts of negligence. The petition set out a cause of action and was good as against a general demurrer. See He-Po Gas Inc. v. Roath, 87 Ga. App. 827, 829 (75 S. E. 2d 451); Ivey v. Symms, 87 Ga. App. 211 (73 S. E. 2d 333), and cases cited.

3. The error assigned on the trial court's ruling on the special demurrers, not being argued or insisted upon, will be treated as abandoned.