Atlantic Coast Line Railroad v. Beazley

Citations

• 54 Fla. 311

Syllabus

<p>1. Where an assignment of error is predicated upon the overruling of a demurrer to the declaration, the plaintiff in error will be confined to 'the' ground stated in the demurrer and argued in the appellate court, and such grounds as are not argued will be treated as abandoned.</p> <p>2. A demurrer cannot be addressed to fragmentary parts of a pleading or to certain portions of the counts in a declaration, and, where a demurrer is interposed to the declaration “and each of the four counts thereof,” in passing thereon the entire declaration must be considered and, if it is found to contain one good count, the demurrer should be overruled.</p> <p>3. In ‘ adopting a statute from another stale, any known and settled constitution placed thereon by the courts of last resort of such .state is likewise adopted, in so far as that construction is not inharmonious with the spirit and policy of our own general legislation upon the same subject.</p> <p>4. Sections 3148, 3149 and 3150 of the general statutes of 1906 were originally adopted here from the Code of the State of Georgia, with the exception of the concluding words of section 3150, “No contract which restricts such liability shall be legal or binding,” which words were added by the legislature of .the state of Florida, therefore the known and settled constructions placed upon such sections, with the exception noted, by the Supreme Court of the state of Georgia, prior to our adoption of such sections, must be held to have been likewise adopted.</p> <p>5. Section 3150 of the general statutes of 1906 limits the rule that an employe cannot recover for an injury occasioned by the negligence of a fellow servant to cases where the person injured is guilty of contributory negligence, and the word “employe” as used in that relation means such an employe as would be a fellow servant under the rule above mentioned.</p> <p>6. The conductor in charge of a railroad train is not a fellow servant with brakemen and flagmen 'employed