Atlantic Coast Line Railroad v. Marshall

The court did not err in overruling the general *743demurrer to the petition. Under repeated rulings of this court, this court cannot say that the sole proximate cause of the collision was the negligence of the driver of the automobile in which the plaintiff was riding, in failing by the exercise of ordinary care to discover and avoid the consequences of whatever negligence the defendants were guilty of, in view of the allegation of impaired visibility at the time of the collision (Georgia Northern R. Co. v. Stains, 88 Ga. App. 6, 75 S. E. 2d 833, and cases cited), or that the sole proximate…