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PIGGLY WIGGLY, MACON INC. v. KELSEY

33421.

83 Ga. App. 526 (1951)

64 S.E.2d 201

PIGGLY WIGGLY, MACON INC. v. KELSEY.

Court of Appeals of Georgia.

Decided March 15, 1951.

Attorney(s) appearing for the Case

John D. Comer, Harris, Harris, Russell & Weaver, for plaintiff in error.

E. W. Maynard, Carlton Mobley, contra.

FELTON, J.

1(a). The plaintiff in error contends that the general demurrer should have been sustained because the petition allegedly showed on its face that the plaintiff's own negligence was the proximate cause of the damages sued for. We agree that the general demurrer should have been sustained, but not for this reason. Except in clear and palpable cases, questions of negligence, contributory negligence, and proximate cause are questions for a jury. The plaintiff...

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