Augusta-Aiken Railway & Electric Corp. v. Jones
15 Ga. App. 93 | Ga. Ct. App. | 1914
1. The duty imposed by law upon all persons to exercise ordinary care to avoid the consequences of another’s negligence does not arise until the negligence of such other is existing and is apparent, or the circumstances are such that an ordinarily prudent person would have reason to apprehend its existence. Western & Atlantic R. Co. v. Ferguson, 113 Ga. 708 (39 S. E. 306, 54 L. R. A. 802), and cases there cited. Hence the assignments of error as to excerpts from the charge of the court are without merit.
2. The evidence amply sustained the verdict, and it was not error to refuse a new trial. Judgment affirmed.