...crossed the same. In this class of physical injuries the 2972nd section of the Code declares, that if the plaintiff by ordinary care, could have avoided...some way have contributed to the injury sustained. In the case of the Macon and Western Railroad Company vs. Johnson, 38th Ga., 409, an action was brought...

...to present to the jury the law contained in sections 2972 and 3034 of the code of 1882, as follows: "If the plaintiff, by ordinary care, could have avoided...defendant's negligence, he is not entitled to recover. No person shall recover damage from a railroad company for injury to himself or his property, where...

...contrary to law, contrary to the evidence, and because the court erred in charging the jury that " if the plaintiff, by ordinary care, could have avoided...consequences to himself caused by the defendant's negligence (if the evidence shows negligence on the part of the defendant), the plaintiff will not be entitled...

...set forth in section 2972 of the Code, to-wit: If the plaintiff (in this case plaintiff's husband) by ordinary care could have avoided the consequences...to himself, caused by the defendant's negligence, she is not entitled to recover. The point was decided at this term in the case of Harris vs. The Central...

...ordinary care (and I have given the definition of ordinary care and diligence), if William H. Meigs, by ordinary care, could have avoided the consequences to himself caused by the defendant's negligence, she is not entitled to recover." (17.) That the court erred in adding to his charge, as The Western...

...solely by his own negligence; and failed to charge the jury as requested by defendant's counsel, " that if the plaintiff, by ordinary care, could have avoided the consequences to himself by the defendant's negligence, he was not entitled to recover." For the failure to give this principle...

...property, and thereby omitted and ignored the important ground of defence relied upon in this case, that " If the plaintiff by ordinary care could have avoided the consequences to himself by the defendant's negligence, he is not entitled to recover." Code, 2972. We are of opinion this complaint...

...but if he neglected to use such ordinary '•are to escape the injury, he is not entitled to recover. If the plaintiff, by ordinary care, could have avoided...to himself, caused by the defendant's negligence, hi is not entitled to recover. No person shall recover damages from a railroad company for injury to...

...plaintiff, by ordinary care, such as by keeping his dams in repair and his drains clear and fit for use, could have avoided the consequences to himself, caused...defendant's negligence, he is not entitled to recover," and in giving the charge with this qualification : "If in the ordinary tillage or proper administration...

...nee thereof, by reason of the defendant's negligence, he sustained injury, the defendant will not be relieved, although the plaintiff may in some way have contributed to the injury sustained." The court overruled the motion for a new trial, and the defendant excepted. The defendant was bound...