Seaboard Air Line Railway Co. v. Hess

Citations

• 73 Fla. 494
• 74 So. 500
• 1917 Fla. LEXIS 469

Syllabus

<p>1. Special Rule 1 of the Rules of Circuit Courts in law actions, requiring the plaintiff in error at the time of presenting a bill of exceptions to the Judge of the Circuit Court to be made up and settled, and to present with such bill an assignment of errors specifically mentioning each point intended to be presented by such bill as grounds of reversal and that such assignment of errors shall be made a part of the bill of exceptions, is intended to provide a guide for making Up the bill of exceptions, and if not actually incorporated in the bill of exceptions and made a part of it, such omission cannot be ground for striking the assignments of error based upon matter appearing in the bill of exceptions if the assignment of errors was actually presented to the Judge of the Circuit Court at the time of presenting to him the bill of exceptions to be made up and settled, and is filed in this court within three days after filing the copy of the record as provided in Section 1706 of the General Sratutes.</p> <p>2. A rule of court should be so construed to be in harmony with a statute if possible, and not so as to subordinate the statute to it.</p> <p>3. A demurrer to a declaration in its entirety containing more than one count should be overruled if one count states a cause of action.</p> <p>4. A declaration in an action against a railroad company for damages for personal injuries in which the allegations show that the injured person and his co-employee were together engaged in performing the work of their employer and that the plaintiff became injured while so engaged as the result of the other’s negligence, carelessness or wantonness, states a cause of action.</p> <p>5. In an action for damages for personal injuries, general allegations of the damages sustained which are the direct, natural and necessary result of the injury received, are sufficient.</p> <p>6. The exclusive remedy for injuries received by railroad employees while engaged in interstate commerce is un