Court of Appeals of Georgia April 11, 1969, 44330, 44331 (Herrington v. Stone Mountain Memorial Ass'n)

Felton, Chief Judge.

"Only in clear and palpable cases, where it appears that one recklessly tests an observed and clearly obvious peril, or voluntarily assumes a position of imminent danger, will he be barred from recovery as a matter of law; otherwise, the question of what negligence, as well as whose negligence is responsible for the injury is a jury question, [citations].”

Beck v.