James v. Sears, Roebuck & Company

Stolz, Judge.

This is an appeal by the plaintiff below from a directed verdict for the defendant in a negligence case.

" 'It is well-settled law that questions of negligence, diligence, contributory negligence, proximate cause, and the exercise of ordinary care for one’s protection ordinarily are to be decided by a jury, and a court should not decide them . . . except in plain and indisputable cases.’ [Cits.]” Savannah Ice Delivery Co. v. Ayers, 127 Ga. App. 560, 561 (1) (194 SE2d 330) (1972). "Even where there is no dispute as to the facts, it is, however, usually for the jury to say whether…