Columbus Railroad v. Moore

1. Questions as to diligence and negligence, including contributory negligence, and what constitutes the proximate cause of the injury complained of, being questions peculiarly for the jury, the court will decline to solve them on demurrer, except in plain and indisputable cases. Sherrod v. Atlanta B. & A. R. Co., 27 Ga. App. 510 (108 S. E. 908). It was for the jury to say whether or not the act of the deceased in allowing the wheels of the car which she was driving to fall into the holes or ruts adjacent to the track was an act of negligence, and, if they should find that it was, then…