Louisville & Nashville Railroad v. Willis

Citations

• 58 Fla. 307

Syllabus

<p>1. Where the plaintiff in a suit for damages for a personal injury against a railroad company has testified to his being injured by the sudden and violent lurching of the train and has stated that he did not know the cause of the lurching, it is not erroneous for the court on the cross examination of the plaintiff to refuse to permit questions to be asked him which at best could only elicit his opinion as to the cause of the lurching.</p> <p>2. It is not reversible error for the judge to state in his charge that the plaintiff alleged in his declaration “he was injured by the negligent running and operation of the train,” where the declaration alleged that the employees of the railroad “negligently and' carelessly handled and ran the same,” and where it is evident from the whole charge that the words “running” and “operation” were used as synonymous in meaning.</p> <p>3. It is not reversible error for the judge in his charge to say that “the ectact manner in which the accident occurred is set out in the declaration,” when it is manifest from the whole charge that the trial judge had reference to the allegations of the declaration.</p> <p>4. Where a portion of thei charge of a trial judge embraces the general law on the subject of the duty of a railroad company to provide proper cars, and there is no contention whatever before the jury that the company, in the instant case did not do so, such a chargei does not constitute reversible error since no injury could have resulted to the company from its use.</p> <p>5. In considering specific portions of a trial judge’s charge to the jury which are assigned as erroneous, the whole charge is taken into consideration, and if when thus considered it is apparent that the jury could not have been misled, no reversible error is made to appear.</p> <p>6. The defendant has no right to complain of a charge which is more favorable to it than it has the right to demand.</p> <p>7. The construction .placed on section 3149 General Stat