Central of Georgia Railway Co. v. Lester

Felton, Chief Judge.

The plaintiff’s action is predicated upon the defendant’s alleged negligence with respect to the door’s (a) defective condition and (b) defective design. The deposition and affidavits on file show no evidence that the particular door in question was in a defective condition. All of the statements concerning its condition amount to mere conjecture and opinion, since no one claimed to have observed the allegedly defective condition prior to the door’s fall. It appears that this was a fresh boxcar of sand which had just arrived the night before the accident and had not been…