CALLISON v. SAVANNAH & ATLANTA RY. CO.

33037, 33038.

82 Ga. App. 666 (1950)

62 S.E.2d 408

CALLISON v. SAVANNAH & ATLANTA RAILWAY COMPANY et al.; and vice versa.

Court of Appeals of Georgia.

Decided November 28, 1950.


Attorney(s) appearing for the Case

Hilton & Hilton, for plaintiff.

Hitch, Morris, Harrison & Smith, J. Henry Howard, for defendant.


MAcINTYRE, P. J.

"Where it is shown that injury was inflicted by the running of a railroad train, a presumption of negligence arises against the railroad, but the presumption is overcome by evidence on behalf of the railroad showing the exercise of ordinary and reasonable care and skill, and, in the absence of any evidence to discredit or contradict this evidence or to show negligence on the part of servants of the railroad, it is controlling and a verdict for the...

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