Supreme Court of Georgia, 1897

Moon v. Fink

Supreme Court of Georgia · Decided June 9, 1897 · Fish

102 Ga. 526; 28 S.E. 980; 1897 Ga. LEXIS 530

Opinion of the Court

Fish, J.

Though the fact that the plaintiff’s husband was killed by the run-

ning of the defendants’ train raised against them the presumption of negligence, this presumption was rebutted by the plaintiff’s evidence, and therefore the granting of the nonsuit was right.

Judgment affirmed.

All-the Justices concurring. Fouche & Fouche, for plaintiff. Shumate & Maddox and Iloskinson & Harris, for defendants.

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