Willis v. Georgia Power Co.

Stephens, J.,

dissenting. I am of the opinion that under the evidence it was a question of fact for the jury whether the presumption of negligence had been successfully rebutted. I am therefore of the opinion that the trial judge erred in directing a verdict for the defendant, and that the superior court erred in not sustaining the certiorari. See Georgia Railroad &c. Co. v. Wall, 80 Ga. 202 (7 S. E. 639); Georgia Southern &c. Ry. Co. v. Sanders, 111 Ga. 128 (36 S. E. 458).