Murphy v. Atlanta & West Point Railroad
Cases that cite this one
6 later published cases cite this decision.
- Jones v. Butler (Ga. 1940)
- Schaff v. Gordon (Tex. App. 1919)
- Dorn v. Chicago, Rock Island & Pacific Railway Co. (Iowa 1912)
- Rushin v. Central of Georgia Railway Co. (Ga. 1907)
- Trumbull v. Donahue (Colo. App. 1903)
- Trumbull v. Donahue (Colo. App. 1903)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Dissenting Opinion
dissenting. When a passenger upon the train of a railroad company is injured by a direct act of oneof the company’s servants in suddenly opening a closet door, the statute (Code, 23033) presumes the servant was negligent in performing the act, unless the contrary affirmatively appears. So long as the evidence discloses nothing for or against the servant’s diligence, the presumption of negligence prevails and no theory of accident can arise. In view of this rule of law and its application to the facts of the present case, the court erred in granting a nonsuit. The evidence adduced by the plaintiff changed the onus, and cast the burden of explanation upon the company.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.