ATLANTIC COAST LINE R. CO. v. MARSHALL

34842.

89 Ga. App. 740 (1954)

81 S.E.2d 228

ATLANTIC COAST LINE RAILROAD COMPANY et al. v. MARSHALL.

Court of Appeals of Georgia.

Adhered To On Rehearing February 27, 1954.


Attorney(s) appearing for the Case

Peacock, Perry & Kelley, Jesse W. Walters, for plaintiff in error.

Burt & Burt, Hilliard Burt, contra.

R. W. Reynolds, amicus curiae.


FELTON, J.

1. The court did not err in overruling the general demurrer to the petition. Under repeated rulings of this court, this court cannot say that the sole proximate cause of the collision was the negligence of the driver of the automobile in which the plaintiff was riding, in failing by the exercise of ordinary care to discover and avoid the consequences of whatever negligence the defendants were guilty of, in view...

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