Legal Opinion

Southern Railway Co. v. Acree

Court of Appeals of Georgia

Decided February 25, 1911No. 2647PublishedCited by 14 opinions

Action for damages; from city court of Atlanta — Judge Reid. April 23,1910.

1Opinion of the CourtRussell, J.

1. The inference prejudieal to a party to a cause, which may ■ be indulged on account of the absence of a witness whose testimony was accessible to him, but who was not produced, is not dependent upon the fact that the witness is his employee. The fact that an employee *105of a railroad company lias for any reason quit the service of the company prior to the trial of a ease in which his testimony might be material is not of itself necessarily sufficient to rebut the presumption that the charge or claim against the railroad company was well founded, if it appears from the facts and circumstances…

2Cited by14 opinions

  1. Maloy v. DixonCourt of Appeals of Georgia · 1972
  2. Floyd v. Colonial Stores, Inc.Court of Appeals of Georgia · 1970
  3. Bank of Emanuel v. SmithCourt of Appeals of Georgia · 1924
  4. Bynes v. StaffordCourt of Appeals of Georgia · 1962
  5. City of Atlanta v. FeeneyCourt of Appeals of Georgia · 1930

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