
    Barber, next friend, v. East and West Railroad Company.
    Argued April 27, —
    Decided May 16, 1900.
    Action for damages. Before Judge Janes. Polk superior court. August term, 1899.
    
      L. J. Spinks Jr. and Sanders & Davis, for plaintiff.
    
      F. A. Irwin, for defendant.
   Little, J.

Inasmuch as it was apparent from the evidence of the plaintiff that he could, by the exercise of ordinary care, have avoided not only the injury, but the consequences to himself of the negligence of the defendant, even if such negligence was shown, he was not entitled to recover, and the nonsuit was properly awarded. Civil Code, § 3830; Perry v. Macon Consolidated Street Railroad Co., 101 Ga. 400.

Judgment affirmed.

All the Justices concurring, except Pish, J., absent.  