City of Dalton v. Hill

1. The defendant insists that the trial judge erred in failing, without request, to charge the following: “If you should find that both the plaintiff and the defendant were guilty of negligence, but' that the negligence of the defendant was greater than the negligence of the plaintiff, the plaintiff would be nevertheless entitled to recover, but the amount of her recovery would be reduced in proportion to the amount of default attributable to law, provided, of course, that the negligence of the plaintiff did not amount to a failure to exercise ordinary care.”

The defendant contends comparative…