When negligent complainant granted relief

(a) The negligence of the complaining party, preventing relief in equity, is that want of reasonable prudence, the absence of which would be a violation of legal duty. (b) Relief may be granted even in cases of negligence by the complainant if it appears that the other party has not been prejudiced thereby. History. — Civil Code 1895, § 3974; Civil Code 1910, § 4571; Code 1933, § 37-212. History of Code section. — This Code section is derived from the decision in Werner v. Rawson, 89 Ga. 619, 15 S.E. 813 (1892).