Russell v. Bayne

It is a rule of law that every normal adult person shall exercise ordinary care for his safety under any and all circumstances, and the only issue that will ever arise under this rule is whether in a given situation the acts or omissions of the person will amount to a failure to exercise such care. If there is no evidence as to such failure, the court should not submit the question, but if there is any evidence that the person has not exercised due care, under the circumstances, and the pleadings also authorize it, the question should be given to the jury. Collum v. Georgia Ry. & Electric…