Gulf, Florida & Alabama Railway Co. v. King

Citations

• 73 Fla. 325
• 74 So. 475
• 1917 Fla. LEXIS 448

Syllabus

<p>1. Chapter 6521, Acts of 1913, defines and enlarges the liability of employers for injuries to employees engaged in the hazardous occupations therein stated, and the language of the statute should be given its proper meaning and effect.</p> <p>2. The. word “railroading” as used in Chapter ^6521, Acts of 1913, is definite and comprehensive and includes “work upon a railroad” and “the business of constructing railroads.”</p> <p>3. ■ The work of hoisting piles with a steam crane to be used in constructing a railroad wharf is a part of the construction of a railroad, and is a hazardous occupation within the provisions of Chapter 6521, Acts of 1913.</p> <p>4. Under Section 3150 of the General Statutes of 1906, an employee who is not “without fault or negligence” cannot recover for damages “caused by negligence of another employee,” while under Chapter 6521, an employee who is “injured in part through his own negligence and in part through the negligence of another employee,” may recover damages from the employer unless both employees were fellow servants and they were “jointly engaged in performing the act causing the injury.”</p> <p>5. A fireman of a steam engine who has no part with the engineer in operating a steam crane attached to the engine and used in hoisting logs, is not “jointly engaged in performing the act” of hoisting the logs so as to bar a recovery from the employer for injuries to the fireman caused by the negligence of the engineer in hoisting the logs by means of the steam crane.</p>