Atlantic Coast Line Railroad v. Benedict Pineapple Co.

Citations

• 52 Fla. 165

Syllabus

<p>1. A count in a declaration for damage to fruit by freezing, owing to the destruction by fire of its canvas covering, should allege facts to bring home to the defendant the knowledge that such result might be reasonably expected to follow directly and naturally from the burning.</p> <p>2. To constitute actionable negligence in “allowing” a burning by fire communicated from a locomotive, there must be alleged negligence in the communication or other -circumstances that would cast a duty upon the railroad company to put out the fire.</p>