97 Ga. App. 787 | Ga. Ct. App. | 1958
No rule is more firmly established in this jurisdiction than the rule that questions respecting negligence and diligence, including contributory negligence, and questions with relation to causation and whose negligence was the proximate cause of an injury, are questions peculiarly for the jury and the courts will decline to solve them by decision on demurrer except in plain, palpable and indisputable cases. A. & W. P. R. Co. v. McDonald, 88 Ga. App. 515, 519 (76 S. E. 2d 825). The plaintiff in this case has alleged certain facts and has alleged that the defendant was negligent in certain respects and that it has suffered injury and damage as the proximate result of the defendant’s actions. In effect, the defendant’s contention on demurrer is that the plaintiff’s petition when construed most strongly against the pleader shows that the plaintiff was guilty of such contributory negligence that it is barred from recovery. The defendant contends that, since the plaintiff does not allege
The petition set forth a cause of action, and none of the grounds of special demurrer were meritorious, and the trial court did not err in overruling all of the demurrers and in refusing to dismiss the petition.
Judgment affirmed.