Jacksonville Electric Co. v. Dillon

Citations

• 67 Fla. 114
• 64 So. 669

Syllabus

<p>1. That the location of its parallel tracks was constructed under municipal direction is not a defense against injury to a passenger on a street car by a passing car, when the narrow clearance between the cars is due to the act of the street car company in putting on much wider cars after the tracks were located.</p> <p>2. The possibility that the elbow of a passenger in a street car, with his arms resting naturally on the sill of an open window, may have slightly protruded will not prevent recovery when the sudden jerking of the car threw the arm out against a passing ear.</p> <p>3. The testimony of a witness should not as matter of law be entirely rejected, because he stated that the sudden movement of the ear threw him “forward.”</p> <p>4. The court should not submit to the jury a count in a declaration which the evidence does not tend to support.</p>