LAW v. McINTYRE

39721.

106 Ga. App. 723 (1962)

127 S.E.2d 925

LAW v. McINTYRE.

Court of Appeals of Georgia.

Decided October 4, 1962.


Attorney(s) appearing for the Case

Emory Kinard, for plaintiff in error.

G. Eugene Ivey, contra.


RUSSELL, Judge.

1. "Where the pleadings and the evidence raise the issue of whether or not the plaintiff by the exercise of ordinary care could have avoided the consequences of the defendant's negligence, it is the duty of the trial judge to give in charge to the jury the law on this subject, without a request therefor." Wells v. Steinek, 49 Ga.App. 482 (1) (176 SE 42) and citations. "Where contributory negligence was in issue, and the court charged the jury...

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