Atlantic Coast Line Railroad v. Mallard

Citations

• 54 Fla. 143

Syllabus

<p>1. In an action by the widow of a deceased locomotive engineer against the railroad company in whose employment he was at the time of his death, to recover damages for his death, alleged to have been caused by the negligence of the railroad company, and where the issues made by the pleas were that the engineer was killed by running his engine into the rear of a passenger train standing in the limits of a railroad yard, 1 where it was his duty to take precautions for the protection of his own train, which duty was well known to the engineer, but which he negligently failed to observe, but heedlessly and recklessly ran into the train standing on the track on the main line at a place where and a time when he had reasonable cause to believe that standing trains would be encountered, which negligence caused or contributed to his death, it was erroneous on the trial to deny the railroad company the right to prove that the engineer was killed under the circumstances alleged in the pleas, because the “yard limits” were not defined with sign boards marked “Yard limits,” in accordance with a rule of the railroad company that such yard limits would be so defined, as by such a ruling the case was tried on an issue not made by the pleadings.</p> <p>2. A railroad yard as a matter of fact is a place where cars and trains are deposited and switched from one track to another, and trains are made up, and it consists of the various tracks, switches and other facilities used for such purposes, the actual limits and boundaries of which may, or may not, be • well known to the employes who use it. Where a rule of a railroad company states that yard limits would be defined by sign boards, marked “Yard limits,” it may under certain circumstances be negligence in such company not to so define them, and if one is injured in consequence of such negligence it may afford the basis for an action for damages.</p> <p>f?. Where special pleas set up new matter in defense, and there is a joinder of