Holmes v. Georgia Power Co.

Stephens, J. 1.

The presumption of negligence on the part of a railroad company which arises upon proof of an injury inflicted by the operation of locomotives or cars of the company, whether it arises by virtue of the provisions of the act approved August 24, 1929 (Ga. L. 1929, p. 315), or of section 2780 of the Civil Code of 1910 when construed in conformity to the decision of the Supreme Court of the United States in Western & Atlantic Railroad v. Henderson, 279 U. S. 639 (49 Sup. Ct. 445, 73 L. ed. 884), vanishes upon the introduction of testimony in rebuttal of this presumption', and the…