
    6088.
    Central of Georgia Railway Co. v. Pitts & Espy.
    Decided May 7, 1915.
    Certiorari; from Chattooga superior court — -Judge Wright. September 18, 1914.
    
      J. Branham, J. M. Bellah, J. D. Taylor, for plaintiff in error.
    
      G. D. Rivers, contra.
   Wade, J.

Though the placing of cross-ties at a switch on the line of a railway company for its acceptance and use, and their subsequent removal by some one, might create a presumption that the ties had been accepted and used by the company, and a corresponding obligation on its part to pay therefor, yet where positive, unequivocal, and uncontradicted testimony denies that the ties were ever inspected or received by the company, this presumption- is legally rebutted. The verdict against the railway company in this case was therefore unauthorized, and the judge of the superior court erred in overruling the certiorari.

Judgment reversed.  