Florida Southern Railway Co. v. Hirst

Citations

• 30 Fla. 1

Syllabus

<p>1. A negligent act done prior to the statute of June 7th, 1887, section 2845 R. S , and resulting in injury to another, will not sustain an action for dam-iges if negligence upon the p . t < f tho person injured was contiibuto-y to his incurring such njury, L. & N. R. B. Go. vs. Tniestra, 21 Fla., 700, affirmed.</p> <p>2. The law requires of railroad companies the exercise of the hlghc t degree of care for the safety of passengers traveling upon their trains ; and it authorizes such companies to make, and requires passengers to observe all rules reasonably necessary for the safely of the latter. A rule of a railroad company requiring that passengers shall remain in the cars provided for them, and, consequently, that they shall not ride in an express car, or other place of increased danger set apart for another purpose, is reasonable.</p> <p>3. It is contributory negligence for a passenger to ride in an express car in violation of a known rule of the company, even with the permission, connivance or knowledge of the conductor of the train, or without his prot< station against it, when the conductor is cognizant of the rule and of its infraction, if by such violation of the rule the passenger brings upon himself injury from which he would have escaped, notwithstanding that the negligence of the company produced the accident, had he remained iu the passenger car set apart, and affording space, for his accommodation.</p> <p>4. It is the duty of the conductor of a railroad train to enforce a rule of the company requiring passengers to ride in the passenger cars, but the obligation upou passengers and the protection lo the company, of a rule of this kind, is not dependent upon the fidelity of the conductor or oilier agent charged with its enforcement.</p> <p>5. Where a passenger who knows of a rule requiring him to ride in the passenger cars, lides in an express car or other place on the train which cannot be regarded as intended for accommodation of passengers, but nat