GARDNER, P. J.
We are well aware of that oft-used and repeated rule of the law that questions of negligence and diligence, what is negligence, whose negligence, contributory negligence, proximate cause, and the like, are generally not questions of law to be determined by the courts upon demurrer, but are questions to be decided by the jury under proper instructions from the trial judge, except in plain and unmistakable cases when such questions are to be solved...
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