Atlanta Gas Light Co. v. Brown

While we are fully aware of the beneficent and salutary rule, to which this court scrupulously adheres in proper cases, that ordinarily questions of diligence and negligence, including proximate cause, are for the jury, we also recognize it to be the duty of the court to determine those questions in clear, palpable, and indisputable cases. Evans v. Georgia Northern R. Co., 78 Ga. App. 709, 712 (52 S. E. 2d 28), and cit.; and this latter rule is frequently enforced as a result of the necessary application of the proper rules of construction to pleadings. “It is an elementary rule of…