Rider v. Jarrard
Rider v. Jarrard
Opinion of the Court
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 allegation, this raises the issue as to whether plaintiff was guilty of lack of such ordinary care for her own safety as would bar her recovery. Davies v. West Lumber Co., 32 Ga. App. 460, 462 (2b) (123 SE 757); Wells v. Steinek, 49 Ga. App. 482 (1), 483 (176 SE 42). The issue may also be raised by the evidence, where admitted without objection, even though not authorized by the pleadings. Kelly v. Locke, 186 Ga. 620, 630 (198 SE 754). It follows,
2. Nor were said charges erroneous and not sound as abstract principles of law.
3. The trial judge did not err in overruling plaintiff’s motion for a new trial.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.