Georgia Railroad & Banking Co. v. Wallis

(After stating the foregoing facts.)

It is strongly maintained by the plaintiff in error that the evidence demanded two conclusions: (1) that the presumption of negligence, which arose against the company upon proof of the killing as alleged, was entirely removed; (2) that the decedent’s own carelessness or failure to exercise ordinary care was the proximaté cause of his injury; either of which would absolve the defendant from any liability. Waiving the question as to whether or not the jury would have been authorized to find negligence on the part of the company in failing to keep a guard or…