Legal Opinion
H. J. Heinz Company v. Fortson
Court of Appeals of Georgia
Decided February 22, 1940No. 27857PublishedCited by 4 opinions
1Opinion of the Court
The evidence offered in this case to show the alleged negligence of the defendant was entirely circumstantial. Conceding that it was sufficient to establish a presumption of negligence against the defendant, the uncontradicted direct evidence of the defendant was that it had used all ordinary care in the preparation and handling of the product claimed to have caused the injury. Such uncontradicted evidence was sufficient to rebut the presumption of negligence raised by the circumstantial evidence.
DECIDED FEBRUARY 22, 1940. REHEARING DENIED MARCH 30, 1940.
Mrs. L. A. Fortson brought her action…
2Cases cited17 opinions
- Georgia Railway & Electric Co. v. HarrisCourt of Appeals of Georgia · 1907
- Gainesville, Jefferson & Southern Railroad v. EdmondsonSupreme Court of Georgia · 1897
- Atlanta Coca-Cola Bottling Co. v. DannemanCourt of Appeals of Georgia · 1920
- Macon Coca-Cola Bottling Co. v. CraneCourt of Appeals of Georgia · 1937
- Hamilton & Co. v. StewartSupreme Court of Georgia · 1899
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3Cited by4 opinions
- Young Men's Christian Assn. v. BaileyCourt of Appeals of Georgia · 1965
- Miller v. Gerber Products Co.Supreme Court of Georgia · 1950
- Frank Graham Co. v. GrahamCourt of Appeals of Georgia · 1954
- Davison-Paxon Co. v. ArcherCourt of Appeals of Georgia · 1954