Jacksonville Street Railway Co. v. Chappell

Citations

• 22 Fla. 616

Syllabus

<p>1. At the common law an action in tort to recover damages resulting from personal injuries received by a passenger through the negligence of a common carrier abated on the death of the plaintiff, and could not be revived by his personal representative. Such is the rule under the statute, (§77, p. 830, McC’s. Dig.,) declaring what actions die with the person, and what survive.</p> <p>2. The test by which a declaration in tort for breach of duty as a imblic carrier is to be distinguished from one ex-conPractu for breach of contract to carry a passenger safely, stated ; and the declaration under consideration held to belong to the former class.</p>