Legal Opinion

Central of Georgia Railway Co. v. Waxelbaum & Co.

Supreme Court of Georgia

Decided April 6, 1900PublishedCited by 11 opinions

Action for damages. Before Judge Nottingham. City court of Macon. July 29', 1899.

1Opinion of the CourtLumpkin, P. J.

1. The legal presumption of negligence, upon which alone the plaintiffs’ case rested, was overcome by the testimony of three witnesses, which fully established due diligence on the part of the defendant. This testimony was practically uncontradicted, for. the mere differences of opinion among the witnesses as to time, distances, the range of vision, etc., did not involve questions of credibility or produce conflict as to the actual facts of the occurrence.

Argued March 8, — Decided April 6, 1900. Action for damages. Before Judge Nottingham. City court of Macon. July 29', 1899. Hall & Wimberly…

2Cited by11 opinions

  1. Scarpelli v. Washington Water Power Co.Washington Supreme Court · 1911
  2. Macon & Birmingham Railroad v. RevisSupreme Court of Georgia · 1904
  3. Augusta Southern Railroad v. CarrollCourt of Appeals of Georgia · 1909
  4. Southern Railway Co. v. NewmanSupreme Court of Georgia · 1938
  5. Atlantic Coast Line Railroad v. PaulkCourt of Appeals of Georgia · 1924

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