Barnwell v. Seaboard Air Line Railway

Citations

• 73 Fla. 482
• 74 So. 497

Syllabus

<p>1. In an action by a passenger for injuries received by the operation of a railroad train, it is in general sufficient to allege ultimate facts showing that the relation of passenger and carrier existed, and that the defendant negligently did or omitted the act or acts that proximately caused or contributed to causing the injury as stated, the specific fact that actually caused the injury being duly alleged so that a definite issue may be presented for trial.</p> <p>2. While general allegations as to duty and negligence in performing it standing alone may with other appropriate allegations state a cause of action, yet if other allegations contained in the count state specific material' facts that show there was no duty within the meaning of the general allegations as to duty and negligence, the declaration may be bad on demurrer.</p>