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JAMES v. SEARS, ROEBUCK & COMPANY

52990.

140 Ga. App. 859 (1976)

232 S.E.2d 274

JAMES v. SEARS, ROEBUCK & COMPANY.

Court of Appeals of Georgia.

Decided December 3, 1976.

Rehearing Denied December 17, 1976.

Attorney(s) appearing for the Case

Greene, Buckley, DeRieux & Jones, James A. Eichelberger, Gregory J. Digel, Norma W. Bergman, for appellant.

Long, Weinberg, Ansley & Wheeler, Ben L. Weinberg, Michael T. Bennett, for appellee.

STOLZ, Judge.

This is an appeal by the plaintiff below from a directed verdict for the defendant in a negligence case.

"`It is well-settled law that questions of negligence, diligence, contributory negligence, proximate cause, and the exercise of ordinary care for one's protection ordinarily are to be decided by a jury, and a court should not decide them ... except in plain and indisputable cases.' [Cits.]" Savannah Ice Delivery Co. v. Ayers,

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