Hodges v. Atlanta Gas Light Co.

(After stating the foregoing facts.) It is well settled that questions of diligence and negligence are ordinarily questions peculiarly within the province of the jury to determine. Meriwether County v. Gilbert, 42 Ga. App. 500 (156 S. E. 472); Powers v. Atlanta Gas Light Co., 48 Ga. App. 47 (172 S. E. 84); Chisholm v. Atlanta Gas Light Co., 57 Ga. 28. Under the allegations of the amended petition, it being specifically alleged that the defendant had actual knowledge of the defective condition of the plaintiff’s gas furnace, we think that it was for a jury to determine from the evidence…