Savannah, Florida & Western Railway Co. v. Geiger

Citations

• 21 Fla. 669

Syllabus

<p>1. Tlie common law in so far as it requires the ownér of live stock to keep them off the premises of another and renders him liable to the owner of such premises for damage done by such stock, is. not in force in Florida.</p> <p><3. Cattle, horses and other live stock running at large are not trespassers when they go upon the track of a railroad company, nor are their owners liable for damage resulting- to the company from their going upon the track and an engine or train of cars running-upon them.</p> <p>3. The right of a railroad company to the use of its track is nothing-more than the right of every other land proprietor in the actual use and occupancy of his land and does not exempt the company from the duty enjoined by law upon every person so-to use his own property as not to do any unnecessary injury to another.</p> <p>4. A railroad company is liable for killing or injuring cattle or other live stock upon its track by its train whenever such killing or injury is the result of negligence upon the part of the agents operating the train. The fact that the owner of the live stock permits them to run at large does not constitute contributory negligence.</p> <p>5. Negligence upon the part of the railroad company is the basis of the right of the owner of the live stock to recover, and it must be averred in the declaration, and be proved.</p> <p>6. In an action by an owner of live stock against, a railroad company for killing or injuring the stock by its train, proof of the killing or injury is not of itself prima facie evidence of negligence upon the part of the company or its agents. To make out a prima facie case of negligence there must at least be evidence of circumstances, from which a presumption arises that the stock would not have been run upon by the train but for want of care on the part of those operating it.</p> <p>7. The Legislature may provide that proof of the killing or damage to live stock by a railroad train or engine shall be prima fane evidenc