Atlanta & West Point Railroad v. Thornton

Lumpkin, J.

The plaintiff’s evidence, aided by the legal presumption, making a prima facie case for a recovery, the verdict in his favor, after its approval by the trial judge, will not be disturbed. Although the testimony of the defendant’s main witness may, when taken alone, have been sufficient to establish due diligence on the part of the defendant, there was other evidence warranting the jury in discrediting the testimony of this witness. Judgment affirmed.