Columbus Railroad v. Joyce

Upon proof of injury to a passenger of a railway or street-railway company by the running of its ears, the law raises a rebuttable presumption that the injury *654was brought about by negligence of the defendant company; but the presumption thus raised relates only to the particular acts of negligence charged by the petition; and if it should clearly appear that none of the acts set forth can properly be taken or accounted to be negligence, no presumption against the company will arise. The question in this case, as raised on demurrer, is whether the act of negligence charged by the petition, and…