Central of Georgia Railway Co. v. Swann

1. In all civil cases the issues are to be determined according to the preponderance of evidence, by which is meant that superior weight of evidence which, while not enough to wholly free the mind from a reasonable doubt, is yet sufficient to incline a reasonable and impartial mind to one side of the issue rather than to the other. Civil Code, §§ 5730, 5731.(a) Accordingly, on the trial of an action against a railroad company by a mother for the homicide of her child, the charge: “If, after the plaintiff has shown her dependence upon her son and his killing by the defendants’ train, the…