Pensacola & Atlantic Railroad v. Atkinson

Citations

• 20 Fla. 450

Syllabus

<p>1. Declaration alleging that defendant employed plaintiff as civil engineer to take charge of construction of a road and authorized to employ and hire teams and transportation in the course of such employment at defendant’s expense, and plaintiff employed and paid for teams, &c., in the performance of liis duties, is not demurrable. Such contract entitles him to he reimbursed for reasonable outlay for means of transportation.</p> <p>3. Letters written by the Chief Engineer of a railroad company, not being- of the res gestae, are not admissible in evidence in favor of the company.</p> <p>S. Testimony as to what expenses were necessary to he incurred by an engineer upon one section of a road in its construction, is not competent to show what outlay was proper upon another section, there being no evidence that the conditions were the same in both sections.</p> <p>4. The statute requires that a Judge shall give or refuse to give to the jury such instructions as may be proposed by counsel, as proposed. An alteration of such instructions by the Judge, who then gives them to the jury as amended, is a refusal to give them as proposed and is error, if the instruction in either form is material, and tlie jury may he misled to the injury of the party excepting. If the instruction is not pertinent to the evidence there can he no error in refusing it.</p>