Jacksonville Electric Co. v. Sloan

Citations

• 52 Fla. 257

Syllabus

<p>1. Where a witness gives an answer not responsive to a proper question propounded to him a motion to strike the answer is the proper method of reaching the answer.</p> <p>2. An electrician of seventeen years’ experience may properly be asked whether precautions were .necessary in repairing broken electric wires.</p> <p>3. Where a suit is brought by a widow to recover damages for the death of her husband under Sections 2342 and 2343 Revised Statutes ' of 1892, declarations cr admissions of the deceased husband as to his physical condition on the morning before the afternoon when he was killed, and not a part of the res gestae, are inadmissible against the objection of the widow.</p> <p>4. There is no absolute rule applicable to all cases by which to determine the question of the liability of the master to the servant where the servant is injured in the performance of a duty which he was ordered or requested by the master or his representative to perform, but the question of liability will depend on the circumstances of each case, and where the master or his representative orders or requests the servant to engage in an employment outside the scope of the duties which the servant has contracted to perform, which employment is attended with dangers unknown to the servant, and not open to his observation and which are not discoverable by him by means of such an inspection as he has time ,and opportunity to make, and the master gives him no instructions with respect to such dangers, and he is injured in consequence of so entering upon the new service, he is not deemed to have accepted the risk of such, dangers, and the master is liable in damages for the injury.</p> <p>5. When an emergency occurs in a master’s business, whose serious nature calls a servant from his regular employment, and he is injured or killed while engaged in the effort to relieve the situation, in consequence of some defect or danger, imputable to the negligence of the master, the servant is not as