Legal Opinion

Georgia Southern & Florida Railway Co. v. Walker

Court of Appeals of Georgia

Decided November 10, 1908No. 1284PublishedCited by 3 opinions

Action for damages, from city court of Nashville — Judge Peeples. June 20, 1908.

1Opinion of the CourtRussell, J.

1. The evidence authorized the verdict, and the errors complained of are not of sufficient materiality to require the grant of a. new trial.

2. Evidence which is sufficient to rebut the presumption of negligence may itself be discredited by proof of physical facts and circumstances which show such testimony to be incredible. Western & Atlantic R. Co. v. Clark, 2 Ga. App. 346 (58 S. E. 510) ; Atlantic & Birmingham Ry. Co. v. Clute, 3 Ga. App. 508 (60 S. E. 277).

3. Any witness may give his opinion, after having given the facts upon which he bases it, so as to enable the jury to determine the…

2Cases cited2 opinions

  1. Atlantic & Birmingham Railway Co. v. CluteCourt of Appeals of Georgia · 1908
  2. Western & Atlantic Railroad v. ClarkCourt of Appeals of Georgia · 1907

3Cited by3 opinions

  1. Bullard v. Metropolitan Life InsuranceCourt of Appeals of Georgia · 1924
  2. Manning v. WebbSupreme Court of Georgia · 1911
  3. Williams v. WilliamsCourt of Appeals of Georgia · 1967

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