Atlanta & West Point Railroad v. Lovelace

1. After instructing the jury that plaintiff and defendant railroad company were bound to exercise the same degree of care to prevent a collision between plaintiff’s team and defendant’s engine on a public crossing, it was not erroneous for the court to add to such instruction: “but one is not bound to anticipate negligence when the law commands diligence for his protection at the hands of another.” The duty of exercising care to avoid the consequences of another’s negligence does not arise until such negligence exists, and is either apparent, or the circumstances are such that an ordinarily…