Atlantic Coast Line Railroad Co. v. Carver

1. The prima facie presumption, of want of reasonable skill and care on the part of the servants of railroad companies which arises upon proof of injury inflicted by the running of their locomotives or cars disappears upon the introduction of some evidence showing absence of such negligence. The burden of proof then shifts to the plaintiff to show such negligence as will authorize recovery. See Code § 94-1108; Jones v. Powell, 71 Ga. App. 202 (30 S. E. 2d, 446).

2. Where, as here, the conduct alleged to be negligent, upon which the-plaintiff relies for recovery is such that the sole conclusion…