Logan Coal & Supply Co. v. Hasty

Citations

• 68 Fla. 539
• 67 So. 72

Syllabus

<p>1. A- declaration alleging in effect that the defendant master “failed to provide and maintain a safe and proper place for plaintiff employee to work, 'in that certain boards or timbers forming the floor of” the elevated structure where the plaintiff employee was directed to go in the discharge of a duty assigned to him, “were not nailed or fastened in any manner,” of which the defendant knew or should have known, and that plaintiff was injured because an unfastened board “tilted and flew up” when plaintiff stepped on it, states á cause of action.</p> <p>2. tinder allegations Showing serious personal’ injuries to the plaintiff, proper evidence as to his inability to work because of such injuries up to the time of the. trial may be admissible.</p> <p>3. It is not error to refuse to give argumentative charges, par-r tieularly where proper charges áre given. ■</p> <p>4. The authority to direct a verdict should not be so exercised as to deny to-any one the organic right tó a jury trial. If a verdict is directed for one party when under the pleadings and evidence the jury may legally find for the opposing party, the right to a jury trial secured by the Constitution may be thereby invaded.</p> <p>5. After verdict rendered the trial court may for good cause set it aside and grant a new trial in appropriate proceedings; but this judicial power and discretion to grant a new trial should not be confounded with the more limited authority to direct a verdict for one party only when a finding for the opposite party would be clearly wrong.</p> <p>6. Risks resulting from the master’s acts of negligence are not assumed by the servant; and where there is substantial evidence to sustain a verdict upon the theory that the master was negligent in directing the servant to go upon an elevated trestle where unfastened boards had to be stepped on in performing the (juty assigned, which duty was not aiding in constructing the trestle, and'that the servant was not guilty of contributory n