Central of Georgia Railway Co. v. Cooley

1. Irrespective of the rule laid down in section 4426 of the Civil Code of 1910, which provides that “if the plaintiff by ordinary care could have avoided the consequences to himself caused by the defendant’s negligence, he is not entitled to recover,” the law imposes a duty upon a person at all times to exercise due care, under the circumstances, in going into a dangerous situation, as in going upon a railroad-track which is a place of danger, and provides, as laid down in section 2781 of the Civil Code of 1910, that “no person shall recover damage from a railroad company for injury to…