Atlantic Coast Line Railroad v. Crosby

Citations

• 53 Fla. 400

Syllabus

<p>1. While each error relied on must be separately and distinctly specified, an assignment predicated upon the overruling of a demurrer to a declaration is not required to designate or specify the particular grounds of the demurrer relied on, though the plaintiff in error will be confined to the grounds stated in the demurrer and argued in the appellate court, and no other grounds will be considered unless'there is an omission in the declaration of allegations of substantive facts which are essential to a right of action, so that the declaration wholly fails to state a cause of action.</p> <p>2. A declaration in an action against a railroad company, seeking to Tecover damages for personal injuries occasioned by the alleged negligence of such road, is not demurrable because it alleges “that while said passenger cars were standing still, and while the plaintiff was on the platform extending between said passenger cars and connecting the same, the defendant negligently and carelessly” did the things which occasioned the injury.</p> <p>3. Merely being on the platform of a train, which is not in motion but standing still, is not such negligence of the plaintiff per se that as a matter of law it would preclude any recovery for injuries sustained by the person so being on the platform, which injuries were occasioned by the alleged negligence of the defendant corporation.</p> <p>4. Because the declaration in an action against a railroad company seeking to recover damages for personal injuries occasioned by the alleged negligence of such road, alleges that plaintiff was on the platform of- one of the passenger cars while such cars were standing still, during an interval of waiting at a regular station for the arrival of another train, it is by no means implied therein or inferable therefrom that such plaintiff had voluntarily selected such a position to stand or ride on when the train was ready to start in motion again.</p> <p>5. As a matter of law, a person is not required