Savannah, Florida & Western Railway Co. v. Cosens

Citations

• 46 Fla. 237

Syllabus

<p>In a suit for damages by a plaintiff against a railroad company for damages resulting from the killing of a horse and’injury to a wagon and harness by the engine and cars of the latter, and the specific negligence alleged in the declaration against the defendant is that it switched and placed its cars without having a flagman or any person on the rear of said train, and it plainly appears from the evidence that the alleged negligence of the railroad company was not the cause of the injury and damage, but that the negligence of the plaintiff was the proximate cause of the same, then under section 2, chapter 4071, laws of 1891, the latter is not entitled to recover.</p>