Western & Atlantic Railroad v. Rogers

1. Rogers, by next friend, sued the Western & Atlantic Railroad Company for damages on account of personal injuries sustained, as he claimed, by reason of the negligence of the servants of the company. The court, in instructing the jury, charged sections 2322 and 3830 of the Civil Code in immediate connection with each other. The former of these sections provides that no person shall recover damages for injury to himself when the same is done by his consent or is caused by his own negligence. The latter provides that “if the plaintiff by ordinary care could have avoided the consequences to…