Southern Railway Co. v. Frazier

1. Ordinarily wlicrc one sues a railroad company for injury to himself or his property, whether the negligence of the plaintiff amounted to an omission to take ordinary care for his own safety is a question of fact for the jury, yet if the evidence, including the testimony of the plaintiff himself, demands a finding that the plaintiff did not use ordinary care to prevent the injury sued for, a verdict in his favor is not authorized by the evidence, and a new trial should be granted. Gainesville Railway Co. v. Ham, 17 Ga. App. 500 (87 S. E. 715), and cit.

2. This is a suit against a railroad…