Kreiss v. Allatoona Landing, Inc.

I concur with the judgment of the majority that the plaintiff, an invitee, is not precluded as a matter of law from recovering damages against the defendant by' the mere fact that she walked in darkness. I am in agreement with my brother Eberhardt that some of the decisions of this court collected in his dissent do hold that “One who chooses to walk in the darkness assumes the risk of dangers attendant thereon and that he does not exercise ordinary care for his own safety.”1 I further agree with both him and Justice Quillian, that “We are bound to follow the precedents of this court” until…