Pensacola Electric Co. v. Alexander

Citations

• 58 Fla. 337

Syllabus

<p>1. Evidence that a passenger was injured by the sudden starting of an electric ear, while alighting with others who were frightened by flashes of electricity, and that such flashes were caused by the carelessness or inexperience of the motorman, makes a question for the jury.</p> <p>2. When it is in evidence that the motorman was new at the business and may have used the brake improperly, whereby the injury was caused, the railway company has not made it appear that it used even ordinary care and caution.</p> <p>3. An instruction that “the burden of proof is upon the plaintiff to show that the cause of the accident was due to the negligence of defendant, and if you are- not satisfied by a preponderance of evidence that the plaintiff’s injury was the result of negligence of the defendant or its employees, you will find for the defendant,” is properly refused when the plaintiff was injured by the operation of an electric car.</p>