ATLANTIC COAST LINE R. CO. v. PLASPOHL

35052.

90 Ga. App. 445 (1954)

83 S.E.2d 240

ATLANTIC COAST LINE RAILROAD COMPANY v. PLASPOHL.

Court of Appeals of Georgia.

Rehearing Denied July 16, 1954.


Attorney(s) appearing for the Case

Bouhan, Lawrence, Williams & Levy, for plaintiff in error.

Myrick & Myrick, contra.


QUILLIAN, J.

1. Complaint is made in the first special ground of the motion for a new trial of the following charge of the court: "Application of the maxim res ipsa loquitur — the thing speaks for itself — cannot have the effect of raising an inference that the defendant is negligent, or of relieving the plaintiff of his accustomed burden of proof. It is merely a rule of evidence, and the party who relies upon it simply says that from proof of certain...

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