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BROOKS v. WOFFORD

34713.

88 Ga. App. 731 (1953)

77 S.E.2d 563

BROOKS v. WOFFORD.

Court of Appeals of Georgia.

Decided September 18, 1953.

Attorney(s) appearing for the Case

Quillian, Quillian & Thomas, Wheeler, Robinson & Thurmond, for plaintiff in error.

Wm. P. Whelchel, contra.

FELTON, J.

1. The court erred in charging the jury that they should find for the defendant if the injured person could have avoided the consequences of the defendant's negligence. The duty on one to avoid the consequences of a defendant's negligence is not absolute, but is only a duty to exercise ordinary care to discover and avoid the defendant's negligence. Hamrick v. Haralson County, 41 Ga.App. 203 (3) (152 S. E. 581); Warren County v. Battle...

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