William W. Tucker was employed by a detective agency as night watchman of the premises of Mathis-Akins Concrete Block Co., Inc. He filed suit against the owner of the premises, and alleged that he had suffered personal injuries when he fell into a pit on defendant’s premises, which pit was maintained by defendant between two railroad tracks on said premises; that defendant never warned or told plaintiff of the pit; that plaintiff never saw it prior to his injury; that his work on the premises was as night watchman during the hours of darkness; that each time he had ever had occasion to look in that direction prior to his injury, said pit had been covered by a hopper-car standing over the pit between the tracks; that there were no lights or warning signs giving notice of the dangerous condition; that on the night of his injury he was requested by members of a train crew to render assistance as to an obstruction on the railroad tracks in this vicinity. The time was about 3:00 a.m., during 24-degree weather; he approached the obstruction with his light shining upon the obstruction, and fell into the pit, which had been left on this night without a hopper-car over it. He had no previous knowledge of the existence of the pit, and all of this caused him to fall into it.
The defendant answered, denying the material portions of the complaint and contended generally that plaintiff’s alleged injury resulted from his own negligence; that he assumed the usual and ordinary risks of employment about the premises; that he failed to exercise ordinary care, skill, and diligence to protect himself from a risk which should have been known to him.
The case proceeded to trial; verdict and judgment were rendered for the plaintiff, and defendant filed its motion for judgment notwithstanding the verdict, predicated on its prior motion for directed verdict made at the close of the *700evidence, and, in the alternative, moved for a new trial. The motion was amended, heard and overruled. The defendant appeals. Held:
1. After verdict the evidence is construed in its light most favorable to the prevailing party, and every presumption and inference is in favor of the verdict. Boatright v. Rich’s, 121 Ga. App. 121 (173 SE2d 232). Questions of negligence, diligence, contributory negligence and proximate cause are peculiarly matters for a jury, and a court should not attempt to take the place of the jury in solving them except in plain and indisputable cases. Peck v. Baker, 76 Ga. App. 588 (1a) (46 SE2d 751); Brown v. Iocovozzi, 117 Ga. App. 693, 694 (161 SE2d 385); Hanchey v. Hart, 120 Ga. App. 677, 679 (171 SE2d 918).
2. It was for jury determination as to whether the defendant had equal knowledge with the plaintiff, and as to whether or not plaintiff’s own negligence contributed in any way to the mishap. The evidence did not demand a finding for the defendant.
The plaintiff was not the servant of the defendant. Code § 66-303 and such cases as Ludd v. Wilkins, 118 Ga. 525 (45 SE 429); Holman v. American Auto Ins. Co., 201 Ga. 454, 460 (39 SE2d 850); McDonnell v. Central of Ga. R. Co., 118 Ga. 86, 89 (44 SE 840); Crown Cotton Mills v. McNally, 123 Ga. 35 (3) (51 SE 13); Taff v. Harris, 118 Ga. App. 611 (2) (164 SE2d 881) do not apply. We cannot state, as a matter of law, that the evidence here shows the hazard was so obvious that plaintiff could not recover.
3. The contention of the defendant that the court erred in charging "mantrap” or "pitfall” is not meritorious. Although the evidence was conflicting, it was ample on plaintiff’s part to show a pitfall. See Harvill v. Swift & Co., 102 Ga. App. 543, 546 (117 SE2d 202); Rogers v. Bragg, 117 Ga. App. 295 (160 SE2d 217).
4. There is no merit in the contention that the trial judge charged incorrectly as to assumption of risk. The language charged is authorized by Roberts v. King, 102 Ga. *701App. 518, 521 (116 SE2d 885). Further, the objections made at the trial were quite vague, and contended the judge had improperly charged plaintiff’s request, while the enumeration of errors proceeds on another theory, to wit, that the trial judge erred in omitting to charge certain legal principles.
5. During the examination of the witness Dougherty, defendant’s office manager, counsel for defendant attempted to show by his testimony, from examination of the invoices, that there were no cars over the hopper on certain dates. On objection, the court refused to allow the witness to answer whether or not, from his examination of the business records, same showed a loaded car not to be present on certain dates. The witness had no knowledge as to whether a car, loaded or unloaded, was over the hopper on these occasions. The invoices could not enable the witness to provide the answer, as said records simply showed date of delivery of the cars onto the yard, date of unloading and release, but did not show the date or dates when said cars were placed over or removed from over the hopper. The court did, however, allow the introduction into evidence of said invoices, for such light as they might shed on the question at issue. The court did not err in sustaining the objection to the testimony of the witness on this point.
6. Defendant complains because the court would not allow, over timely objection, the testimony of its agent, Dougherty, as to the relationship between the defendant and the detective agency which employed plaintiff. Objection was made upon the ground that the contract was in writing, and that it was the highest and best evidence on the question. Counsel for defendant said he anticipated that plaintiff’s counsel would object to the contract, but was immediately, by said counsel, informed that they would not object to it. There was no error in sustaining the objection to the testimony.
7. We have considered each alleged error enumerated, and find no error; the judgment must be affirmed.
*702Argued May 22, 1972 Decided November 14, 1972 Rehearing denied December 5, 1972 Anderson, Walker & Reichert, Mallory C. Atkinson, Jr., Albert P. Reichert, for appellant. Neal D. McKinney, Richard B. Thornton, Tilman E. Self, for appellee.Judgment affirmed.
Quillian and Clark, JJ., concur. Pannell and Deen, JJ., concur specially. Bell, C. J., Hall, P. J., Eberhardt, P. J., and Stolz, J., dissent.