Neely v. Tennessee, Georgia & Alabama Railroad

The plaintiff sued the defendant railroad company for the alleged homicide of her husband. At the outset of the case she carried the burden of showing that she was the widow of the decedent, and that his homicide was one for which under the law there could be a recovery. As to the first proposition, if she showed that she had been married to the decedent, and nothing else appeared, this would make a prima facie case. If she herself proved that her marriage was illegal or had been dissolved, then she would destroy the prima facie case which might otherwise exist on this point. The defendant…