Moore v. the Kroger Company

It has been said times without number that questions of negligence are ordinarily for the jury, and that, where it is contended that the plaintiff’s injuries were due to her own failure to exercise ordinary care, this is a jury question unless it is so plain and indisputable that the minds of reasonable men would not disagree upon the proposition. While this is unquestioned as a rule of law, its application to the facts of a particular case is not unattended by difficulty. It was, however, held as a matter of law in McMullan v. The Kroger Co., 84 Ga. App. 195 (65 S. E. 2d, 420), that one…