Ray v. Pan American Petroleum Corp.

1. “Since questions of negligence, including contributory negligence, lie peculiarly within the province of the jury, they can not, except in plain and indisputable eases, be determined otherwise.” Sherrod v. A., B. & A. Ry. Co., 27 Ga. App. 510 (2) (108 S. E. 908) ; Larkin v. Andrews, 27 Ga. App. 685 (109 S. E. 518).

2. This being a suit for personal injuries received by the plaintiff in stepping backward and off the running board of his automobile, which was a “closed” car, without knowledge that it had been elevated, when in fact it had been lifted by a hoisting machine at the defendants’…