Ellenberg v. Southern Railway Co.
Court of Appeals of Georgia
Action for damages, from city court of Hartwell — Judge Hodges.. August 3, 1908. . Mrs. Ellenberg sued the railway company for running over and. killing her husband with its,locomotive engine and passenger-train.
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Action for damages, from city court of Hartwell — Judge Hodges.. August 3, 1908. . Mrs. Ellenberg sued the railway company for running over and. killing her husband with its,locomotive engine and passenger-train. Her petition, after being amended by striking certain allegations' and substituting others, charged, in substance, that while the deceased was walking upon the track of the defendant, between two-public crossings, and along a pathway much used by the public-for a long number of years, on a dark, rainy night, a train approached him without giving the usual signals, and ran over and…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
1. When the plaintiff proved that her husband was killed by the train, the burden did not thereafter rest on her to show how the fatality came about. The law immediately raised the presumption that the defendant was negligent in every detail mentioned ip .the petition, and the onus was on the company to disprove each and every efficient and proximate act of negligence stated in the petition, or to show'some affirmative defense sufficient to defeat the ease. Bryson v. So. Ry. Co., 3 Ga. App. 407 (59 S. E. 1124). This disproof may come from the plaintiff’s…
2Cases cited1 opinion
- Bryson v. Southern Railway Co.Court of Appeals of Georgia · 1908
3Cited by22 opinions
- Western & Atlantic Railroad v. HendersonSupreme Court of the United States · 1929
- Atlantic Coast Line R. v. BlalockCourt of Appeals of Georgia · 1910
- Walker v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1933
- Moore v. Dixie Eire InsuranceCourt of Appeals of Georgia · 1917
- Georgia Railway & Power Co. v. ShawCourt of Appeals of Georgia · 1929
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