Lee v. Georgia Power Co.

Jenkins, ,P. J.

1. The difference between negligence per se and other negligence is in the mode of establishing it. In the one case the law itself establishes negligence when a certain act or omission is proved, while ordinarily the question whether a fact when proved constitutes negligence is left to the determination of a jury. Central of Ga. Ry. Co. v. Larsen, 19 Ga. App. 413, 430 (91 S. E. 517). Where it is sought to establish negligence by showing-acts or omissions in violation of a, statute of this state, it is not necessary for the plaintiff to plead the statute in order to get the…