Florida Central & Peninsular Railroad v. Seymour

Citations

• 44 Fla. 557

Syllabus

<p>1. The Circuit Court has jurisdiction of an action wherein plaintiff in good faith ■ claims to recover a sum exceeding $100, even though it should be decided during the progress of the suit that plaintiff’s recovery must be less than $100. Where, therefore, the plaintiff by his declaration in a particular case sought in good faith to recover damages for the negligent killing of ^tock alleged to be of the value of $100, and a reasonable attorney fee for collecting'said'sum claimed by him and held by the trial court to be authorized by a statute-of-the State, that court had jurisdiction of the cause even though the appellate court upon writ of error from the judgment should hold that attorney’s fees were, improperly allowed to be ■recovered in the suit.</p> <p>2. In actions to recover for stock killed.by the negligence of railway companies, attorneys’ fees cannot be recovered by the plaintiff unless authorized by statute.</p> <p>S. Section 6 of Chapter 4069, acts of 1891, does not authorize recovery of attorneys’ fees in: actions against railroad companies for the negligent killing of stock, nor for stock killed by railroads after the companies have fenced their tracks and are maintaining them as required by that act, but authorizes such recovery in actions for stock killed during the time the companies are complying with the provisions of the act requiring them to fence a certain specified portion of their roads each month after the passage of the act.</p> <p>4. Where abstracts cf the record do not purport to set forth the particular acts of negligence charged in the declaration in an action to recover damages for negligently killing stock, an appellate court can not declare error in a. ruling admitting evidence as to unlawful rate of speed as against the objection that the declaration 'does not allege an unlawful rate of speed as a ground of recovery.</p> <p>5. Municipal ordinances may, independent, of statute, be proved by copies thereof duly certified by the ci