Green v. Sansom

Citations

• 41 Fla. 94

Syllabus

<p>1. The pleading, the form of which is prescribed by section 33, Chapter 1096, acts 1861 (section 1035, Revised Statutes), is in the nature of a general replication db injuria, enabling a party in a compendious manner to traverse all those allegations in a plea which ne could have traversed before the enactment of these provisions, but all matters which before the act must have been replied specially must still be so replied.</p> <p>2. The statutory general replication prescribed by section 33, Chap-’ ter 1096, acts 1861 (section 1033, Revised Statutes), is properly pleaded to the plea of not guilty, special pleas denying specific allegations of the declaration, and a plea alleging that plaintiff’s alleged injuries were caused by his own negligence and not otherwise, in actions for damages alleged to have been caused by defendant’s negligence.</p> <p>3. An assignment of error based upon a general exception to several instructions asserting distinct propositions of law, one or more of which is correct, will be overruled.</p> <p>4. Where the servant of an independent contractor is sent to do a certain piece of work for the employer of such contractor, and from the time such servant sets to work the employer assumes and exercises control over him and the work performed by him, directing and controlling him as to the methods and details by which the desired result is to be accomplished, the relation of master and servant is thereby constituted between the employer and such servant.</p> <p>5. Where the employer undertakes to furnish his own employes, or those of an independent contractor, some of the implements or instrumentalities for executing the required work, he thereby assumes a duty to exercise ordinary and reasonable care, measured by the surrounding circumstances, to provide such implements and instrumentalities as will be reasonably safe and suitable.</p> <p>6. A master is not to be held liable as an.insurer of the safety of his employes, or as. a warrantor o