Payne v. Wells
Court of Appeals of Georgia
Action for damages; from Decatur superior court — J. E. Pottle, judge pro hac vice. July 2, 1921.
1Opinion of the CourtBroyles, C. J.
1. The general rule, that it is error for the trial judge to state to the jury an allegation of negligence contained in the plaintiff’s petition where the allegation is not sustained by any evidence, does not apply in an action for damages against a railroad company for a homicide, where the evidence shows that homicide was caused by the running of the defendant’s cars; for in such a case the presumption arises that the defendant was negligent in each and every particular alleged in the plaintiff’s declaration, and primarily this presumption is sufficient to prove the negligence alleged. In…
2Cases cited7 opinions
- Central of Georgia Railway Co. v. LarsenCourt of Appeals of Georgia · 1917
- Central of Georgia Railway Co. v. MooreSupreme Court of Georgia · 1919
- Seaboard Air-Line Railway v. BarrowCourt of Appeals of Georgia · 1916
- Georgia Railway & Electric Co. v. BaileyCourt of Appeals of Georgia · 1911
- Georgia Southern & Florida Railway Co. v. ThorntonSupreme Court of Georgia · 1915
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3Cited by2 opinions
- Western & Atlantic Railroad v. HendersonSupreme Court of the United States · 1929
- Georgia Railway & Power Co. v. ShawCourt of Appeals of Georgia · 1929