Seaboard Air Line Railway Co. v. Coxetter

Citations

• 82 Fla. 414
• 90 So. 469

Syllabus

<p>1. The statute (Chapter 4706, Acts of 1899, amended hy Chapter 5020, Acts of 1901, Sections 4586-4595, Revised General Statutes of Florida) imposing, upon railroad companies and persons constructing and operating railroads in this State the duty to erect and maintain fences along the lines of such roads suitable and sufficient to prevent the intrusion of animals upon their tracks and fixing penalties and the measure of damages in cases resulting' from a failure to do so is applicable, and liability under it attaches, ■ only .in cases where the injuries alleged are inflicted upon the animal or animals by the engines, cars or trains of the railroad company or persons operating the railroad, that is to say, by the operation or movement of the engines, cars or trains of such • companies or persons.</p> <p>2. The0 negligence alleged in this case is that the defendant railway company negligently and carelessly allowed and permitted a certain device called a'“switch” and the appurtenances forming a part thereof which connected its main line with the side track to become in a defective and dangerous condition; that animals were allowed to and did habitually run at large in the community and did come and. go at will upon said track at said point, all of which was well known to defén'dant,' who made no obection to such use but acquiesced arid consented thereto. The injury alleged is that the horse of- plaintiff in attempting to cross defendant’s track where said switch w;as located was caught and held in such defective switch by one of its feet in such manner that it was injured to an extent beyond recovery and was thereupon killed by plaintiff. Held, that the statute requiring railroad companies and persons owning and operating railroads to fence their tracks and fixing the measure of damages and penalties in cases arising from injuries sustained as a result of their failure to do so is not applicable.</p> <p>3. The rule at common law is that where animals roaming at larg