Legal Opinion

Atlantic Coast Line Railroad v. Clemmons

Court of Appeals of Georgia

Decided November 12, 1952No. 34339PublishedCited by 1 opinion

1Opinion of the CourtCarlisle, J.

1. “Where it is shown that injury was inflicted by the running of a railroad train, a presumption of negligence arises against the railroad, but the presumption is overcome by evidence on behalf of the railroad showing the exercise of ordinary and reasonable care and skill, and, in the absence of any evidence to discredit or contradict this evidence or to show negligence on the part of servants of the railroad, it is controlling, and a verdict for the plaintiff is unauthorized." Atlantic Coast Line R. Co. v. Martin, 79 Ga. App. 194 (53 S. E. 2d, 176), and citations.

2. “ ‘A railroad company is…

2Cases cited4 opinions

  1. Augusta Southern Railroad v. CarrollCourt of Appeals of Georgia · 1909
  2. Atlantic Coast Line Railroad v. MartinCourt of Appeals of Georgia · 1949
  3. Wright v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1952
  4. Atlantic Coast Line Railroad Company v. SearsCourt of Appeals of Georgia · 1949

3Cited by1 opinion

  1. Tennessee, Alabama & Georgia Railway Co. v. AndrewsCourt of Appeals of Georgia · 1968

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