Jacksonville, Tampa & Key West Railway Co. v. Galvin

Citations

• 29 Fla. 636

Syllabus

<p>1. A declaration against a railroad corporation alleging that the defendant company unsafely and negligently loaded a certain car upon its railroad with railroad iron so that the bars projected a considerable distance over the end of said car, and that it was negligently accepted by defendant company for transportation when in an unsafe condition, and unfit for the purpose of coupling, which was known to defendant, but of which plaintiff, a brakeman employed on defendant’s train to couple cars, was ignorant, and by due care could not have known, and by means whereof said ifiaiiitiff was injured while attempting to couple said car, is not amenable to a demurrer, on the ground that the injury was caused by the acts of fellow servants of plaintiff.</p> <p>2. A brakeman employed by a railroad company to couple cars on its railroad assumes the hazards of the ordinary perils which are incidental to such employment, and in a suit by such brakeman against the company to recover damages for injuries received in attempting to couple cars on account of alleged negligence in loading a car to be coupled, and in negligently accepting a car to be coupled, when the same was in an unsafe condition, a charge of the court to the jury that excludes the right to consider such a coupling as coming within the ordinary hazards and risks of his employment, is erroneous.</p> <p>3. The instructions of the court must be confined to the issues made by the pleading, and it is error for the trial court to instruct the jury that they may base their verdict in favor of plaintiff upon a cause of action however meritorious or satisfactorily proved, that is substantially different from that which he has alleged</p>