Augusta Coach Co. v. Lee

Franiojm, Judge.

1. It is fundamental that the burden of proof rests upon the plaintiff to establish a right to recover by proving all of the essential facts constituting a cause of action. Atlantic C. L. R. Co. v. Thomas, 83 Ga. App. 477 (1) (64 SE2d 301). It is equally fundamental that the jury may not base its verdict on mere guess or speculation, and that where proof of the plaintiff’s case is dependent upon circumstantial evidence, the circumstances must in some reasonable degree tend to preponderate in favor of inferences which establish the result claimed. Bentley v. Southern R. Co., 52…