Wilks v. Lingle

Frankum, Judge.

1. Ordinarily the questions of negligence, including gross negligence, contributory negligence, comparative negligence and questions as to what negligence constitutes the proximate cause of injury, and as to whether plaintiff could, by the exercise of ordinary care, have avoided the consequences of the defendants’ negligence after it was, or should have become known to him, are such questions as lie peculiarly within the province of the jury, and such questions will not be determined by the court as a matter of law. Harvey v. Zell, 87 Ga. App. 280, 284 (1a) (73 SE2d 605); Long…