Barfield v. Southern Railway Co.

Cobb, J.

When this ease was here before (115 Ga. 724), it was held that the plaintifi was not entitled to recover, because it affirmatively appeared from his own testimony that he could by the exercise of ordinary care have avoided the injuries for which he sued. The evidence in the present case is substantially the same as that in the record of the previous case, and there-was therefore no error in granting a nonsuit.

Judgment affirmed.

By jive Jutices.