Parrish v. Southwestern Railroad

Parrish v. Southwestern Railroad Company

Parrish v. Southwestern R.R., 197 S.E. 66 (Ga. Ct. App. 1938)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: April 26, 1938
Docket: No. 26716
Judges: Guerry
Citations: 197 S.E. 6657 Ga. App. 8471938 Ga. App. LEXIS 416

Opinion of the Court — Guerry

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Guerry, J.

1. It is not error for the court to fail to charge the jury the provisions of Code, § 94-1108, to wit: '“In all actions against railroad companies for damages done to persons or property, proof of injury inflicted by the running of locomotives or cars of such companies shall be prima facie evidence of the want of reasonable skill and care on the part of the servants of the companies in reference to such injury,” where the defendant railroad company has introduced evidence in rebuttal of plaintiff’s allegations of negligence, and to charge that the burden of proof rested on the plaintiff to prove the essential allegations of the petition. The inference created by proof of injury by the running of the defendant’s cars is at an end when the defendant has produced some evidence to the contrary. This statute has served its purpose when it compels the railroad to explain how the injury occurred, and the question of negligence or no negligence is to be decided by the facts of the case. Seaboard Air-Line Ry. Co. v. Fountain, 173 Ga. 593 ( 160 S. E. 789 ); Western & Atlantic R. v. Gray, 172 Ga. 286 (12) ( 157 S. E. 482 ); Holmes v. Georgia Power Co., 44 Ga. App. 588 ( 162 S. E. 403 ); Central of Ga. Ry. Co. v. Cooper, 45 Ga. App. 806 (4) ( 165 S. E. 858 ); Georgia Power Co. v. Braswell, 48 Ga. App. 654 (3) ( 173 S. E. 763 ). Under the above ruling, the amended grounds of the motion for new trial are without merit.

2. The evidence supports the verdict, and the court did not err in overruling the motion for new trial.

Judgment affirmed.

Broyles, O. J., and MacIntyre, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 12 cases

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State Appellate Courts12

Relies on it most ⓘ

Atlantic Coast Line R. Co. v. Thomas64 S.E.2d 301 (Ga. Ct. App. 1951)
Brown v. Kirkland134 S.E.2d 472 (Ga. Ct. App. 1963)
MacOn, Dublin & Savannah Railroad v. Stephens19 S.E.2d 32 (Ga. Ct. App. 1942)
Dodd v. Callaway46 S.E.2d 740 (Ga. Ct. App. 1948)
Jones v. Powell30 S.E.2d 446 (Ga. Ct. App. 1944)
McVeigh v. Harrison22 S.E.2d 752 (Ga. Ct. App. 1942)

Most recent

Tennessee, Alabama & Georgia Railway Co. v. Andrews159 S.E.2d 460 (Ga. Ct. App. 1968)
Law v. Hulsey136 S.E.2d 161 (Ga. Ct. App. 1964)
Brown v. Kirkland134 S.E.2d 472 (Ga. Ct. App. 1963)
Atlantic Coast Line Railroad v. Rowe64 S.E.2d 216 (Ga. Ct. App. 1951)
Atlantic Coast Line R. Co. v. Thomas64 S.E.2d 301 (Ga. Ct. App. 1951)
Dodd v. Callaway46 S.E.2d 740 (Ga. Ct. App. 1948)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

Depth	Case	Cited by
	Seaboard Air-Line Ry. Co. v. Fountain, 160 S.E. 789 (Ga. 1931)	37
	Western & Atl. R.R. v. Gray, 157 S.E. 482 (Ga. 1931)	23
	Cent. of Ga. Ry. Co. v. Cooper, 165 S.E. 858 (Ga. Ct. App. 1932)	17
	Ga. Power Co. v. Braswell, 173 S.E. 763 (Ga. Ct. App. 1934)	16
	Holmes v. Ga. Power Co., 162 S.E. 403 (Ga. Ct. App. 1932)	7

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