Florida Railway & Navigation Co. v. Webster

Citations

• 25 Fla. 394

Syllabus

<p>1. The court will not reverse a judgment if the case was tried on its merits, on the ground that there was no issue to be tried, because of a failure to join issue by similiter to a plea of not guilty.</p> <p>2. It is not error to refuse to exclude a deposition, because the interrogatories are vague and indefinite as to the person to be examined, where it appears from the answers of the witness that he fully knew to whom the interrogatories referred.</p> <p>3. A charge of the court to the jury cannot be said to assume facts not in evidence, when it is so framed as to cast upon tbe jury tbe determination of the question to which the facts relate, and there is some evidence on the question to be considered.</p> <p>4. It is proper to refuse instructions as misleading, when they are based on the theory of a party as to the facts in evidence, and ignore the legal effect of other facts, applicable to the relation and rights of the parties.</p> <p>5. It is the duty of the railroad company to have a good, substantial and safe road track for the use of its trains, and default in that duty, in consequence of which a passenger is injured, is negligenoe for which the company will be responsible in damages. In a case in which it is shown that after an accident on the road causing injury, it was found that a rail only ten feet long was out of place, and the track was very bad, the rails much worn, and were of all lengths, while usually they are thirty feet long, the verdict of the jury finding negligence should not be dis turbed.</p> <p>6. A person traveling on a train which has with it a stock car carrying horses for him, his duty under his contract being “to feed, water and take care of the horses,” is not guilty of contributory negligence from the fact that he was on said car when he was injured, ifhe was on the car while stopped at a station in the performance of this duty, and had not finished when the train started off, after a stoppage of fifteen or twenty minutes inste