McCHARGUE v. BLACK GRADING CONTR.

44938.

122 Ga. App. 1 (1970)

176 S.E.2d 212

McCHARGUE v. BLACK GRADING CONTRACTORS, INC.

Court of Appeals of Georgia.

Decided May 7, 1970.

Rehearing Denied June 9, 1970.


Attorney(s) appearing for the Case

Bullock, Yancey & Mitchell, Kyle Yancey, for appellant.

Hansell, Post, Brandon & Dorsey, Hugh E. Wright, for appellee.


BELL, Chief Judge.

1. The plaintiff excepted to the court's charge on the duty of the plaintiff to exercise ordinary care for his own safety in regard to the incident which caused his injuries and on the doctrine of comparative negligence and the apportionment of damages. The ground advocated at trial was the lack of any evidence of negligence on the part of the plaintiff. These instructions, however, were authorized by the evidence that plaintiff was aware of the...

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