Legal Opinion
Atlantic Coast Line Railroad v. Martin
Court of Appeals of Georgia
Decided April 29, 1949No. 32439PublishedCited by 13 opinions
1Opinion of the CourtSutton, C. J.
(After stating the foregoing facts.) On the trial of an action against a railroad for damages done to persons and property, proof of injury inflicted by the running of locomotives or cars is prima facie evidence of the want of reasonable care and skill on the part of servants of the railroad in reference to such injury. Code, § 94-1108. This is only a rule of evidence. Western & Atlantic Railroad v. Gray, 172 Ga. 286 (12) (157 S. E. 482). The presumption thus created is overcome by the introduction of evidence of the exercise of reasonable care and skill on the part of servants of the…
2Cases cited17 opinions
- Georgia Railroad & Banking Co. v. WallSupreme Court of Georgia · 1888
- Western & Atlantic Railroad v. GraySupreme Court of Georgia · 1931
- Augusta Southern Railroad v. CarrollCourt of Appeals of Georgia · 1909
- Central of Georgia Railway Co. v. GraceCourt of Appeals of Georgia · 1932
- Jones v. PowellCourt of Appeals of Georgia · 1944
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gordon v. Gulf American Fire & Casualty Co.Court of Appeals of Georgia · 1966
- Floyd v. Colonial Stores, Inc.Court of Appeals of Georgia · 1970
- Gay v. Sylvania Central Railway Co.Court of Appeals of Georgia · 1949
- Atlantic Coast Line Railroad v. RoweCourt of Appeals of Georgia · 1951
- Tennessee, Alabama & Georgia Railway Co. v. AndrewsCourt of Appeals of Georgia · 1968
8 more not listed; retrieve them via the Exa API.