Bixby v. Sinclair Refining Company

It will be observed that the petition alleges that the plaintiff knew that the building involved “was cracked and in dangerous condition . ■ . leaving it [the premises involved} in a constant and dangerous state of neglect and impaired and in á constant state of danger of falling in said living quarters.” The Code, § 105-603, reads: “If the plaintiff by ordinary care could have avoided the consequences to himself caused by the defendant’s negligence, he is not entitled to recover. In other cases the defendant is not relieved, although the plaintiff may in some way have contributed to the…