Williams v. Southern Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Kimsey. Habersham superior court. September 7, 1905.
1Opinion of the CourtAtkinson, J.
When it was shown by the evidence that the deceased came to his death by the running of the locomotive, cars, and other machinery by the agents and servants of the defendant ■engaged in the operation thereof, the statutory presumption specified in the Civil Code, § 2321, arose. Under the provisions of the statute just referred to, the liability of the railroad company, when once established by presumption, will remain, “unless the company, shall make it appear that their agents have exercised all ordinary and reasonable care and diligence.” Under no view of the evidence could it be said that…
2Cases cited5 opinions
- Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
- Atlanta, Knoxville & Northern Railway Co. v. GardnerSupreme Court of Georgia · 1905
- City Council v. HudsonSupreme Court of Georgia · 1891
- Georgia Midland & Gule Railroad v. EvansSupreme Court of Georgia · 1891
- Falkner v. BehrSupreme Court of Georgia · 1885
3Cited by35 opinions
- Southern Railway Co. v. SlatonCourt of Appeals of Georgia · 1930
- Central of Georgia Railway Co. v. LarsenCourt of Appeals of Georgia · 1917
- Louisville & Nashville Railroad v. StaffordSupreme Court of Georgia · 1916
- Western & Atlantic Railroad v. MathisCourt of Appeals of Georgia · 1940
- Glenridge Unit Owners Assn. v. FeltonCourt of Appeals of Georgia · 1987
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