Charlotte Harbor & Northern Railway Co. v. Truette

Citations

• 81 Fla. 152
• 87 So. 427

Syllabus

<p>1. Where one assignment of error groups the court’s ruling upon the validity of more than one plea, the assignment will fail unless the ruling was erroneous as to all pleas so passed upon by the court.</p> <p>2. In a cause' in which damages are sought against a railroad company for personal injuries under Chapter 6521, Acts of Florida, 1913, the doctrine of assumption, of risk does not obtain where the injury is attributable to the negligence of the employer, his agents or servants.</p> <p>3. In the trial of a cause during the taking of evidence before a jury, if evidence is permitted which is irrelevant but nevertheless operates to give an unfair advantage to one of the parties over the other,, placing the latter in an unfavorable light and embarrassing his defense, a miscarriage of justice may reasonably be said to have occurred.</p> <p>1. In determining whether ■ charges to the jury contain erroneous propositions rendering them harmful error, the charges should be considered as a whole in so far' as they bear upon a particular proposition assailed.</p> <p>5. In an action for damages for personal, injuries alleged to have resulted from the negligent act of a railroad corporation through its employees, the recovery can be had only upon the case made by the declaration.</p> <p>6. Charges of the court to -the jury should be confined to the issues made by the pleadings and applicable to the evidence. -. ,</p> <p>7. In giving and refusing requested instructions it is unnecessary for the trial court to do more than merely give or refuse the instruction. To undertake to give a reason for giving the instruction or refusing it, such as that it expresses the law or does not, or that it is appropriate or applicable or not as the case may be, may under some conditions operate to unjustly embarrass one of the parties</p> <p>8 In an action brought against a railroad corporation under Chapter 6521, Laws of 1913, for damages for personal injuries to a railroad employee while i