McChargue v. Black Grading Contractors, Inc.

Bell, Chief Judge.

The plaintiff excepted to the court’s charge on the duty of the plaintiff to exercise ordinary care for his own safety in regard to the incident which caused his injuries and on the doctrine of comparative negligence and the apportionment of damages. The ground advocated at trial was the lack of any evidence of negligence on the part of the plaintiff. These instructions, however, were authorized by the evidence that plaintiff was aware of the type of activity being conducted by defendant, the felling of large trees, and that by merely looking he could have learned that the…