Jernigan v. Georgia Railway & Power Co.

“Where a petition plainly shows on its face an absence of liability on the part of the defendant, either because the injury was occasioned by the plaintiff’s own negligence, or because by the exercise of ordinary care he could have avoided the consequences of defendant’s negligence, or because the acts of negligence charged against the defendant could not legally constitute the proximate cause of the injury, it can be attacked by general demurrer as failing to set forth a cause of action.” Rome Ry. & Light Co. v. King, 30 Ga. App. 231 (117 S. E. 464 (2)).

2. In looking to the safety of their…