Florida Central & Peninsular Railroad v. Rudulph

1. After it has been shown that a person was injured by the running of a locomotive or train of cars, the right of the injured person to recover damages for such injury is dependent upon whether or not the railroad company was negligent. The law raises the presumption that it was ; this *144presumption casts on the company the burden of introducing evidence to show that it was not; otherwise a recovery may be had on the presumption. The presumption is overcome only when the evidence is sufficiently strong to show due care. When the company has introduced evidence which would warrant the…