L. R. SAMS CO. v. WATERS

34374.

87 Ga. App. 501 (1953)

74 S.E.2d 386

L. R. SAMS COMPANY INCORPORATED v. WATERS.

Court of Appeals of Georgia.

Decided January 28, 1953.


Attorney(s) appearing for the Case

Wheeler, Robinson & Thurmond, for plaintiff in error.

Telford, Wayne & Smith, contra.


FELTON, J.

If Waters by the exercise of ordinary care could have avoided the consequences to himself caused by the negligence of L. R. Sams Company, (if in fact it was negligent), he is not entitled to recover. Code, § 105-603. We think that the following testimony shows that Waters, by the exercise of ordinary care, could have prevented the collision out of which the alleged damages arose. L. R. Sams testified in part as follows: "On the occasion when this collision...

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