Dean v. Atlantic Coast Line Railroad

ON MOTION FOR REHEARING.

Broyles, P. J.

Even if (as contended by counsel for plaintiff in error in the motion for a rehearing, but which is not conceded by this court) the evidence of the plaintiff’s witnesses did not disprove all of the proximate acts of the defendant’s negligence as alleged in the petition, but on the contrary affirmatively established 'some of these acts, it also clearly and indisputably showed that, by the exercise of ordinary care, the plaintiff’s son, for whose homicide the action was brought, could have avoided the consequences of the defendant’s negligence. Accordingly,…