Director General of Railroads v. Into

Citations

• 83 Fla. 377
• 91 So. 269
• 1922 Fla. LEXIS 575

Syllabus

<p>1. In a transitory action, where the defendant does not contest the venue, but pleads to the merits, the court, having jurisdiction in such cases, may render a judgment in the cause that is binding on the parties.</p> <p>2. As under the statute the widow may recover “such dam- ' ages” as she “may have sustained by reason of the death of” her husband, the fact that there were minor children may be shown in evidence, since the loss of the husband’s care and support of the children devolved that duty on the mother ' ' and that is a portion' of the damáges she sustained in the death of the father caused by the negligence of the defendant.</p> <p>3. Under the statute mere' contributory negligence does not bar, but reduces the amount of a recovery, for a negligent injury by the running of a train of a railroad company.</p> <p>4. Where the evidence does not show that a decedent’s death was “caused by his own negligence,” so as to preclude a recovery under the statute, and there is negligence of the defendant railroad company as alleged, requested charges on the theory that the decedent’s own negligence was the sole proximate cause of his death, are properly refused.</p> <p>5. Where a decedent left three minor children, was earning about .$200.00 per month and had a life expectancy of thirty years, a verdict for $15,000.00, in view of the rights of the wife and of the evidence as to decedent’s care of his family, is not clearly excessive in amount even though the decedent’s negligence contributed to the injury.</p> <p>6. A defendant in an action for negligence cannot lawfully be charged lvith liability in damages for an alleged negligent injury of a nature that could not reasonably have been foreseen or contemplated as a probable result of the act or omission complained of.</p> <p>7. It cannot justly or fairly be said that a railroad company could not reasonably have contemplated that the running of a train through a town at an unlawful and, considering the ordinary cond