Western & Atlantic Railroad v. Dobbs

1. Under section 2780 of the Civil Code (1910), which provides that “a railroad company shall be liable . . for damage done by any person in the employment and service of such company, unless the company shall make it appear that their agents have exercised all ordinary and reasonable care and diligence, the presumption in all cases being against the company,” there arises, upon proof of injury to a person by a servant of a railroad company, not only a presumption of negligence of the company, but a presumption that the company’s negligence was the proximate cause of the injury. In a suit…