Ingram-Dekle Lumber Co. v. Geiger

Citations

• 71 Fla. 390
• 71 So. 552

Syllabus

<p>1. A corporation or company engaged in the operation of a sawmill, and as an incident to such business operates a steam railroad about six or seven miles long, commonly known as a log road, is not “a railroad company” within the terms and meaning of Sections 3148, 3149 and 3150 of the General Statutes of 1906.</p> <p>2. The common law is in force in this State, except where it has been modified by competent governmental authority.</p> <p>3. In actions for the recovery of damages to a person or his property, alleged to have been occasioned by the negligence of the defendant, the common law principle which prevents a recovery if the plaintiff’s own negligence contributed proximately to his injuries has not been modified or changed, except as modified by Sections 3148, 3149, 315° of the General Statutes of 1906, and Chapter 6521 of the Acts of 1913.</p> <p>4. At the common law where the master himself has performed his duty, he is not liable to one of his servants for personal injuries received by such servant in the course of his employment, through the negligence of a fellow-servant or co-employe of such servant, when engaged in the same undertaking or common work or enterprise, unless such fellow-servant or co-employe sustains a representative relation, such as vice-principal, to the master. This common law principle is in force in this State, except as modified by Sections 3148, 3149, 3150 of the General Statutes of 1906, and Chapter .6521 of the Acts of 1913.</p> <p>5. In actions for negligent injuries it may be necessary to allege only the relations between the parties out of which the duty to avoid negligence arises, and the act or omission that proximately caused the injury, coupled with a statement that such act or omission was negligently done or omitted.</p> <p>6. A declaration should contain sufficient allegations of all the facts that are necessary to state a cause of action. As a general rule, only ultimate facts need be alleged.</p> <p>7. In an action