Rome Railway & Light Co. v. Jones

1. The ground of demurrer, setting up that the plaintiff is not entitled to recover, by reason of the fact that it appears from the petition that she had accepted compensation from the employer of her deceased husband under the provisions of the workmen’s compensation act, is controlled, adversely to the movant, by the decision of this court in Hotel Equipment Co. v. Liddell, 32 Ga. App. 590 (124 S. E. 92 (1 b) ).

2.'While the determination of questions of negligence lies peculiarly within the province of the jury, and in the exercise of this function the question as to what constitutes the…