Bass v. Southern Enterprises Inc.

(After stating the foregoing facts.)

It is the fixed law of this State that questions of diligence and’ of negligence, and of what is ordinary care, address themselves peculiarly to the jury, and that a judge should decline to solve them except in plain, indisputable cases. It is also well settled that “in an action founded on negligence mere general averments of negligence are sufficient as against a general demurrer.” This case does not present itself to the members of this court as a plain and indisputable one. Section 4420 of the Civil Code (1910) is as follows: “Where the owner or…