Reichert Milling Co. v. George

FOSTER, Justice.

On former certiorari in this case, 162 So. 393, it was stated in the majority opinion: “It is essentially a case where an injury has occurred under such circumstances that the law • raises a presumption of negligence, which will supply proof of actual negligence until this presumption is overcome by proof on the part of the party to whom the presumption of negligence is thus imputed. So far as the opinion of the Court of Appeals discloses to the contrary, there was no such exculpatory evidence.”

After the case was remanded to that court, 162 So. 383, the opinion of the majority…