Sims v. Western & Atlantic Railroad
Supreme Court of Georgia
Action for damages. Before Judge Fite. Whitfield superior court. April term, 1899.
1Opinion of the CourtFish, J.
1. As the evidence would have authorized the jury to find that plaintiff’s husband was killed by the running and operation of defendant’s train of cars, thereby, under the statute, raising a presumption of negligence on the part of the railroad company, and as there was no evidence to rebut such a presumption, or to show that plaintiff’s husband, by the use of ordinary care, could have avoided the casualty, a nonsuit should not have been granted. Civil Code, $2321. See Western & Atlantic R. R. v. Steadly, 65 Ga. 263; Georgia Railroad v. Bird, 76 Ga. 13; Georgia R. & B. Co. v. Phillips, 78 Ga.…
2Cases cited5 opinions
- Georgia Railroad v. BirdSupreme Court of Georgia · 1885
- Central Railroad & Banking Co. v. BryantSupreme Court of Georgia · 1892
- Georgia Railroad & Banking Co. v. PhillipsSupreme Court of Georgia · 1887
- Strom v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1899
- Western & Atlantic Railroad v. SteadlySupreme Court of Georgia · 1880
3Cited by8 opinions
- Central of Georgia Railway Co. v. WeathersSupreme Court of Georgia · 1904
- Russell v. Central of Georgia Railway Co.Supreme Court of Georgia · 1904
- Southern Pine Co. v. SmithSupreme Court of Georgia · 1901
- Southern Railway Co. v. RollinsCourt of Appeals of Georgia · 1932
- Louisville & Nashville Railroad v. SheltonCourt of Appeals of Georgia · 1917
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