Parrish v. Pensacola & Atlantic Railroad

Citations

• 28 Fla. 251

Syllabus

<p>Master and Servant — Liability of mastei for negligence of co-servant, appellate practice, amendment of pleading.</p> <p>1. Prior to the enactment of Chapter 3744, Laws of 1887, a master was not liable or responsible to one servant for personal injuries received in the course of his employment through the negligence of a fellow servant, . when engaged in a common work or in the same general undertaking-.</p> <p>2. The engineer, fireman, biakemen and shovelers oil a gravel train engaged in loading, hauling and unloading gravel in repair of the road-bed are fellow servants engaged in the same common work, and the employer company, prior to the passage of said statute, was not liable, to one of such shovelers for personal injuries received in consequence of the negligence of the engineer in putting the handling of his engine in the hands' [of his fireman who was either careless or unskilled jin [the management of such machines.</p> <p>3. It is not necessary that all exceptions taken and notedhhiring the progress of a trial should be included in a motion for new trial as grounds therefor, in order to have them reviewed by this court, when they are otherwise properly disclosed by the bill of exceptions.</p> <p>4. The embodiment of a motion for new trial into a bill of excepceptions is not evidence of the truthfulness of any statement of fact set forth in such motion, but is evidence only that such a motion in the form presented was in fact made before the court. And when such motion sets out or quotes a charge purporting to have been given or refused by the court, the giving or refusal of which is not evidenced anywhere else in the record, or in any other manner except by the transcription thereof into such motion, this court cannot consider such charge for the want of proper evidence that it was in fact given or refused.</p> <p>5. Section 2, Chapter 3431, Laws of Florida, 1883, does not change this rule, but simply enlarges the time within which exceptions may be tak