Louisville & Nashville Railroad v. Goulding

Citations

• 52 Fla. 327

Syllabus

<p>1. A quarantine guard whose duty it is to prevent unauthorized persons from passing a “quarantine line” across railroad tracks is not as matter of law a trespasser upon such tracks within a few feet of the line, it being reasonably made to appear the railroad company was probably aware of his presence there.</p> <p>2. A railroad company is not as matter of law free from negligence in backing a long freight train at night without a headlight, ringing of bells or other efficient means to warn a quarantine guard on its track at his post of duty whose presence there was acquiesced in and was reasonably to be anticipated.</p> <p>3. There being conflict in the evidence as to the rate of speed at which a train was running, and one witness testifying it was running at the “usual rate,” evidence as to the usual rate was not reversible error.</p>