Standard Accident Insurance Company v. Ingalls Iron Works Company

Hall, Judge.

It is the law of this case “that the proof here was sufficient to meet the test of circumstantial proof . . . , and that it was sufficient to raise a presumption that the steel was in fact used in the s'chool job . . the evidence being sufficient to make a prima facie case, the burden was on the defendants to overcome the presumption with some evidence. Ingalls Iron Works v. Standard Ins. Co., 107 Ga. App. 454, 459, 460, supra. When the party to whom the burden of evidence has been shifted fails then to carry that burden, the trial court has authority to direct a verdict against…