Seaboard Air Line Railway Co. v. Knickerbocker

Citations

• 84 Fla. 399
• 94 So. 501

Syllabus

<p>-1. . Where a railroad company admits another railroad company to the joint common use of its tracks, the owning company is. liable to- third persons for the negligence of the other company while enjoying the right of such use.</p> <p>2. The effect of Sections 4538 and 4540, Revised' General Statutes of 1920, in this action against the Seaboard Air Line Railway Company for an injury caused by a train of the Gulf Coast Railway being operated on the track ,of the Seaboard Air Line Railway Company'is to eliminate the element of agreement in the use of the defendant’s track hy the Gulf Coast Railway and to give to the latter company a right to use the tracks of the defendant for the purposes stated in the statutes without the defendant's consent, thereby in law relieving the defendant -of liability for negligence of the Gulf Coast Railway in so using defendant’s track not participated in by the defendant.</p>