Supreme Court of Georgia, 1900

Barber v. East & West Railroad

Barber v. East & West Railroad
Supreme Court of Georgia · Decided May 16, 1900 · Little
111 Ga. 838; 36 S.E. 50; 1900 Ga. LEXIS 796

Barber v. East & West Railroad

Opinion of the Court

Little, J.

Inasmuch as it was apparent from the evidence of the plaintiff that he could, by the exercise of ordinary care, have avoided not only the injury, but the consequences to himself of the negligence of the defendant, even if such negligence was shown, he was not entitled to recover, and the nonsuit was properly awarded. Civil Code, § 3830; Perry v. Macon Consolidated Street Railroad Co., 101 Ga. 400.

Judgment affirmed.

All the Justices concurring, except Pish, J., absent.

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