Richmond & Danville Railroad v. Mitchell
Supreme Court of Georgia
Action for damages. Before Judge Westmoreland. City court of Atlanta. June term, 1892. Mitchell obtained a verdict against the railroad company for injuries received by him while in its service in Alabama. The company’s motion for a new trial was overruled.
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Action for damages. Before Judge Westmoreland. City court of Atlanta. June term, 1892. Mitchell obtained a verdict against the railroad company for injuries received by him while in its service in Alabama. The company’s motion for a new trial was overruled. The motion alleges that the court erred in charging the jury thus : 1, 2. “ To make a prima facie case for a recovery, the plaintiff must prove either that he was not at fault or negligent jn^that the company was, and the company may successfully defend by showing that the plaintiff was at fault or negligent, or that it ivas not to blame,…
1Opinion of the Court
Bleckley, Chief Justice.
1. Touching the evidence requisite to make a prima facie case in behalf of the plaintiff’ below, the court gave in charge to the jury the rule of law applicable in this State between the parties where the action is against a railroad company for a personal injury sustained by one of its employees in consequence of the negligence of the company or of a co-employee. This was correct although the injury sued for was sustained in the State of Alabama. The quantity or degree of evidence requisite to sustain an action or to change the burden of proof is determined by the law…
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