Warren v. Cox

Deen, Presiding Judge.

Bruce Wheeler Warren brought an action for damages against Anthony Cox following an automobile accident. The jury returned a verdict in favor of the defendant and Warren appeals, contending that the trial court erred in charging contributory negligence, in failing to charge comparative negligence and in denying his motion for a new trial.

1. Questions of negligence, diligence, exercise of ordinary care, avoidance of consequences and last clear chance are issues for jury resolution except in plain and palpable cases. James v. Sears, Roebuck & Co., 140 Ga. App. 859 (232…