Slappy v. Georgia Power Company

Bell, Presiding Judge.

Counsel for the defendant in error in their briefs do not insist that the petition fails to allege an issue of negligence. Rather, the thrust of their argument is that the petition affirmatively shows that the plaintiff is not entitled to recover because the death of her minor son was caused solely by the deceased’s failure to exercise ordinary care for his own safety in voluntarily encountering a known and obvious danger, or by the decedent’s failure to exercise ordinary care to avoid the consequences of the defendant’s alleged negligence.

The issue we are called upon to…