Cox v. Central of Georgia Railway Co.

When this case was here upon a former occasion

(Central of Georgia Ry. Co. v. Cox, 32 Ga. App. 49, 122 S. E. 647), it was held that the presumption of negligence which arose from proof of the damage by the running of defendant’s train was satisfactorily met, and it was ordered that the verdict finding for the plaintiff be set aside as being contrary to the evidence. TJpon the next trial the court directed a verdict in favor of the defendant, and the plaintiff excepted. The evidence adduced upon the second trial was materially different from that appearing in the record of the first trial, in…