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RIDER v. JARRARD

40647.

109 Ga. App. 645 (1964)

136 S.E.2d 920

RIDER v. JARRARD et al.

Court of Appeals of Georgia.

Decided April 29, 1964.

Attorney(s) appearing for the Case

John N. Crudup, for plaintiff in error.

Kenyon, Kenyon & Gunter, E. D. Kenyon, contra.

PANNELL, Judge.

1. While contributory negligence is an affirmative defense and generally must be pleaded, Watts v. Colonial Stages Co., 45 Ga.App. 115, 119 (2) (163 SE 523), Woolworth Co. v. Wood, 32 Ga.App. 575 (2) (124 SE 110), Fuller v. Louis Steyerman & Sons, Inc., 46 Ga.App. 830 (2) (169 SE 508); yet, where a plaintiff alleges she is without fault and attributes her injuries solely to the defendant's negligence and the answer denies this...

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