Kahle v. Browning

Jordan, Judge.

1. Ordinarily questions of diligence and negligence including contributory negligence and proximate cause are peculiarly for the jury and this court will decline to solve such questions on demurrer except when they appear palpably clear, plain and indisputable. Rogers v. Johnson, 94 Ga. App. 666, 680 (96 S. E. 2d 285); Long Construction Co. v. Ryals, 102 Ga. App. 66 (1) (115 S. E. 2d 726).

Under the factual situation appearing from the averments of the instant petition, a cause of action was clearly alleged against the defendant. It was a question for the jury, and not for the…