Atlantic Coast Line Railroad v. Ryland

Citations

• 50 Fla. 190

Syllabus

<p>STATUTORY LIABILITY FOR NEGLIGENCE OF FELLOW SERVANT — DEFECTIVE HAND CAR — PLEADING.</p> <p>1. Under the provisions of Chapter 3744, Laws of 1887, (Section 2346 Revised Statutes), and Chapter 4071, Laws of 1891, authorizing recovery by one employe of a railroad company of damages for injury received by the running of its ■ locomotives, cars or other machinery through the negligence of a co-employe or fellow-servant, the Injured employe, in order to recover, must himself be entirely free from fault or negligence; he must do nothing to contribute to his injury, qnd must neglect to do nothing to prevent the consequence of the negligence of the other serants. Any negligence of the plaintiff in such a case, however slight, that contributes in an appreciable degree to the cause of the injury, defeats a recovery.</p> <p>2. Where an employe of a railroad company knowingly uses defective machinery, he cannot recover damages for injuries resulting therefrom.</p> <p>S. Where a railroad employe sues the company for damages resulting from a defective hand-car, and it is shown that he knew of the defective condition ,of the car, but nevertheless made use of it, such fact is fatal to his recovery, and it makes no difference that he made use of it under the immediate command of a superior employe.</p> <p>4. A section-master, or assistant section-master, in temporary charge of a hand-car must note such defects in it as are discoverable in the reasonable and ordinary exercise of diligence in the course of his duty, and decline or cease to use it if it be obviously unsafe; otherwise, he cannot recover for an injury to himself which his declaration alleges to have been caused, in part, by the defective character or condition of the car. If the defect in the car was such as to deceive human judgment, the company, as well as the plaintiff, stands excused. And whatever diligence he exercised in seeing to the apparent safety of the vehicle, goes to the credit of his employer, as well a