Carter v. J. Ray Arnold Lumber Co.

Citations

• 83 Fla. 470

Syllabus

<p>1. Actionable negligence arises where injury to one person is proximately caused by the failure of another to exercise such reasonable care and diligence as should have been exercised under the circumstances in view of the relation of the parties to each other at the time, and the complaining party is not guilty of such contributory negligence as bars recovery under the law applicable to the case.</p> <p>2. The use of a dangerous agency requires the exercise of care commensurate with the nature and uses of the agency and the conditions and circumstances under which it is operated or utilized.</p> <p>3. In an action for a negligent injury, it may be necessary only to allege ultimate facts showing the relation of the parties and the circumstances out of which the duty to avoid negligence arises and the act or omission that proximately caused the injury, coupled with a statement that such negligent act was negligently done or omitted.</p> <p>4. An ordinary log or tram road operated by a lumber company solely in transporting logs from the forest to a sawmill, is not within the provisions of the statute prescribing the liability of railroad companies for damage done to persons or property by the operation of trains.</p> <p>5. At common law contributory negligence bars a recovery of damages for a negligent injury; and this rule has not been changed by statute except as to railroad companies and in favor of employees engaged in certain hazardous employments not including sawmill operations.</p> <p>6. Contributory negligence, being an affirmative defense, need not be negatived by the .plaintiff; but if substantial contributory negligence appears in the case made by the plaintiff, he cannot recover in cases controlled by the common law.</p> <p>7. Where a decedent could have maintained an action for injury to himself had he survived the injury, his administrator would have a right of action under the statute.</p> <p>8. While a log train is not a railroad, it is operated by