Southern Railway Company v. Watson

The only question before us for decision is: Does the evidence demand a verdict for the defendant ? Learned counsel contend that the verdict and judgment are contrary to law and without evidence to support them, and that the affirmative defenses in the defendant’s plea and answer were abundantly sustained by the testimony of the plaintiff. To sustain this view, our attention is called to Code (Ann. Supp.) § 105-603, which reads: “If the plaintiff by ordinary care could have avoided the consequences to himself caused by the defendant’s negligence, he is not entitled to recover. In other cases…