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" The presumption of negligence cast upon railroads by our statute in personal injury cases ceases when the railroad company has made it appear by a preponderance of the evidence that its agents have exercised all ordinary and reasonable care and diligence.... "
Reports of Cases in Law and Equity, Argued and Determined in the Supreme ... - Side 439
av Georgia. Supreme Court - 1885
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volum 64

Georgia. Supreme Court - 1881 - 878 sider
...committed, the presumption of the law is against them, and the burden is on the particular company to show that its agents have exercised all ordinary and reasonable care and diligence to have avoided that injury. This liability, however, has been guarded by qualifications which are...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1883 - 796 sider
...railroad, the presumption is always against the road, yet it may rebut that presumption by showing that its agents have exercised all ordinary and reasonable care and diligence to avoid the injury; or that the damage was caused by the plaintiff's own negligence; or that the plaintiff,...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volum 71

Georgia. Supreme Court - 1885 - 950 sider
...be liable for damage done to stock by its locomotives or cars, or by any person in its employment, unless it shall make it appear that its agents have..."all ordinary and reasonable care and diligence," or unless it appear that the injury to the property was done by the consent of the owner, or was caused...
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The Southern Reporter, Volum 47

1909 - 1076 sider
...liable for any damage done to persons by the running of cars or other machinery, unless the company shall make it appear that its agents have exercised all ordinary and reasonable care and diligence ; the presumption in all cases being against the company, but this provision does not create such a...
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The Southern Reporter, Volum 58

1912 - 1204 sider
...the defendant is liable for such damage, unless the defendant shall make it appear from the evidence that Its agents have exercised all ordinary and reasonable care and diligence; the presumption being against the defendant" "If, after a consideration of all the evidence, you find...
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Reports of Cases Argued and Decided in the Supreme Court of ..., Volum 95

Georgia. Supreme Court - 1895 - 892 sider
...stock or other property, by the running of ite locomotives, cars or other machinery, unless the company shall make it appear that its agents have exercised...all ordinary and reasonable care and diligence; and further provides that the presumption in all cases shall be against the company. In the present case,...
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The American State Reports: Containing the Cases of General Value ..., Volum 11

Abraham Clark Freeman - 1890 - 1052 sider
...the presumption that it occurred from negligence of the road, and the road is liable, unless it shows that its agents have exercised all ordinary and reasonable care and diligence, or that the person injured consented to it or caused it by his own negligence, or could have prevented...
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A Treatise on the Law of Carriers of Passengers, Volum 2

Norman Fetter - 1897 - 874 sider
...locomotives or cars, or caused by any person in the employment of such company, unless the company shall make it appear that its agents have exercised all ordinary and reasonable care and diligence. Under this statute a presumption of negligence arises in all cases where a passenger is injured while...
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The Southern Reporter, Volum 43

1907 - 1052 sider
...damaged by the running of its cars or locomotives, then the burden Is on the railroad company to show that its agents have exercised all ordinary and reasonable care and diligence, and what is all ordinary and reasonable care and diligence must depend on the facts and circumstances of...
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The Southern Reporter, Volum 71

1916 - 1042 sider
...liable for any damage done to persons or property by the running of trains, unless the company »hall make it appear that its agents have exercised all ordinary and reasonable care and diligence. This section was intended to apply only to actions brought against railroad companies on liabilities...
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