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HERRINGTON v. STONE MOUNTAIN &c. ASSN.

44330, 44331.

119 Ga. App. 658 (1969)

168 S.E.2d 633

HERRINGTON v. STONE MOUNTAIN MEMORIAL ASSOCIATION (two cases).

Court of Appeals of Georgia.

Decided April 11, 1969.

Rehearing Denied May 13, 1969.

Attorney(s) appearing for the Case

J. H. Highsmith, Cullen M. Ward, Frank M. Eldridge, for appellants.

Troutman, Sams, Schroder & Lockerman, Robert L. Pennington, Henning, Chambers, Mabry & Crichton, Eugene P. Chambers, Jr., for appellee.

FELTON, Chief Judge.

"Only in clear and palpable cases, where it appears that one recklessly tests an observed and clearly obvious peril, or voluntarily assumes a position of imminent danger, will he be barred from recovery as a matter of law; otherwise, the question of what negligence, as well as whose negligence is responsible for the injury is a jury question. [citations]." Beck v. Wade, 100 Ga.App. 79, 83 (

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