Yandle v. Alexander

Eberhaedt, Judge.

While the evidence may well have authorized a charge by the court on the matter of whether plaintiff had exercised ordinary care for her own safety in driving into the intersection (Palmer v. Stevens, 115 Ga. App. 398 (154 SE2d 803)), we do not think it authorized the direction of a verdict upon the ground of assumption of risk (which is a different, though closely related, principle of law) or otherwise.

Assumption of risk is well defined in Roberts v. King, 102 Ga. App. 518, 520 (116 SE2d 885), where it is to be noted that it presupposes or is grounded upon a knowledge of…