Butler v. Southern Railway Co.

Citations

• 63 Fla. 95

Syllabus

<p>1. In an action for injuries received by the operation of a train of a railroad company, it is. in general sufficient to allege ultimate facts showing 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 a railroad company is not held to as high a degree of care to prevent injury to trespassers as is required by law in the case of passengers, employees and licensees, yet under the statute where injury by the operation of a train of a railroad company is shown, there is liability of the defendant for damages unless the railroad company shall make it appear that it had exercised all ordinary and reasonable care and diligence to avoid the injury. What Was ordinary and reasonable care and diligence depends upon all the circumstances of the case. If the injured person was in fact a trespasser, it may be shown in evidence as a factor to be considered in determining the degree of care required of the defendant.</p>