Savannah, Florida & Western Railway Co. v. Rice

Citations

• 23 Fla. 575

Syllabus

<p>1. Prior to recent legislation owners of live stock were entitled to damages for the killing of same by a railroad train, when the operators of the train failed to exercise watchful and reasonable care to avoid the killing; but where such care was used and the killing unavoidable, the company is not liable—its liability not arising except from negligence.</p> <p>3. A railroad track, straight for a long distance, and a mule first seen on one side of it when the train was two hundred yards off, his head turned from the track, the alarm whistle then blown and brakes put on, but when the train running ten or twelve miles an hour got within two hundred feet of the mule he turned to cross the road, whereupon the engine was reversed, but did not check the train sufficiently to prevent striking the mule as he was going down on the other side: Held, not a case of negligence. Miter, if the mule had been on the track when first seen.</p>