Americus, Preston & Lumpkin Railroad v. Luckie

Lumpkin, Justice.

Section 2972 of the code, relating to actions for personal injuries, declares, in substance, that if the plaintiff hy ordinary care could have avoided the consequences to himself caused hy the defendant’s negligence, he cannot recover. This section sets forth one of the defences which railroad companies are permitted to make *7to such actions. It further provides: “But in other cases' the defendant is not relieved, although the plaintiff may in some way have contributed to the injury sustained.” The “other cases” referred to are manifestly those in which the plaintiff could not…