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

Citations

• 34 Fla. 286

Syllabus

<p>1. A declaration alleging that it was the duty of a railroad company to use good care in running and managing its locomotives and trains, and disregarding its duty in that r'espect so negligently and carelessly ran and operated a locomotive and train of cars on a day mentioned and in a designated town on the road as to strike and kill a mule of plaintiff, states a cause of action and will be good on demurrer.</p> <p>3. It is not required in sucli case to sot out in the declaration the facts constituting the negligence, hut an allegation of sufficient facts causing the injury a.nd that they were negligently and carelessly done will he sufficient.</p> <p>8. While the measure of recovery for personal property destroyed is its value at the time of destruction and which is- ordinarily fixed by ascertaining what was then its market value, yet it will be error to refuse to permit the defendant to show the cost of the property to the plaintiff when it is made to appear that the latter purchased the property a short time before it was destroyed and that the purchase price tended to fix the market value of such property.</p>