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

Citations

• 30 Fla. 557

Syllabus

<p>1. The act of 1387, Chapter 3740, Laws of Florida, making the killing of live stock by a railroad company prima facie evidence of negligence, operates upon the remedy and does not change the basis of liability in such cases.</p> <p>2. Prior to the passage of the act requiring railroad companies to fence their tracks (Chapter 3742), negligence is the basis of liability in an action against the company for killing live stock on the track, and it must be alleged in the declaration; but an allegation that the engine and cars of the defendant company were so negligently and carelessly operated by the agents and servants of the company that the engine struck an animal described in the declaration, by means whereof it died, is sufficient.</p> <p>3. Testimony showing that plaintiff’s cow was killed, and found with her back broken, on the side of a railroad track at a point where there was a ditch filled with water on either side, and a measurement of the cow’s tracks indicated that she had .run ahead of the train, .and also there were indications where she had been struck by the train : Held, sufficient to sustain the finding of a referee that the train killed the cow.</p> <p>4. Where the finding of a referee as to the value of a Jersey cow killed does not exceed her njarket value, as shown by positive testimony, it will not be set aside on the ground that it is excessive.</p> <p>5. A railroad company that holds itself out to the public as the operator of a railroad is liable for damages resulting to third persons by reason of a negligent management and operation of said road.</p>