BAGLEY v. AKINS

40912.

110 Ga. App. 338 (1964)

138 S.E.2d 430

BAGLEY v. AKINS.

Court of Appeals of Georgia.

Decided September 23, 1964.


Attorney(s) appearing for the Case

Joseph H. Briley, Kimzey, Kimzey, Herbert B. Kimzey, for plaintiff in error.

Whelchel, Dunlap & Gignilliat, William P. Whelchel, contra.


PANNELL, Judge.

1. In an action seeking recovery of damages for personal injuries based on tortious negligence of the defendant where the defendant's answer denies any negligence and claims the injuries of plaintiff were solely the fault of plaintiff, a charge by the court to the jury that "If the plaintiff by the exercise of ordinary care could have avoided the consequences to herself caused by the defendant's negligence, if you find the defendant was negligent,...

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