Atlantic Coast Line R. v. Green

1. In the trial of an action wherein the plaintiff sought recovery of damages for injuries alleged to be due to the negligence of a railroad company at a public crossing, where the evidence would have authorized a finding that the plaintiff could have avoided the alleged negligence of the railroad com*677pany by the exercise of ordinary care, it was error for the court to refuse to give in charge on request: “I charge you that if the plaintiff, by the exercise of ordinary care, could have avoided the consequences to himself caused by defendant’s negligence, he is npt entitled to recover,” where…