Carroll Electric Membership Corp. v. Simpson

Carlisle, Presiding Judge.

1. While ordinarily questions of negligence and diligence and of cause and proximate cause are questions solely for consideration of the jury (Rowe v. Camp, 45 Ga. App. 794 (1), 165 SE 894; Frye v. Pyron, 51 Ga. App. 613 (1), 181 SE 142), and such questions should not be solved by the court on demurrer except in plain, palpable and indisputable cases (Long Construction Co. v. Ryals, 102 Ga. App. 66 (1), 115 SE2d 726), yet, where the petition shows that the acts and omissions of the defendant alleged therein and charged as constituting negligence, if they were in fact…