Seaboard Air Line Railway v. Harby

Citations

• 55 Fla. 555

Syllabus

<p>1. In an action against a railroad company for the negligent killing of a cow. an. allegation in the declaration that “the said killing having been done by reason of the said defendant not having erected and maintained then and there the fences and stock-guards on both sides of its said railroad track as aforesaid, as is required by law,” is sufficient to warrant the admission of testimony to the effect that the defendant’s track was not fenced at the time and place where the cow was killed.</p> <p>2. It is the duty of a party resorting to an appellate court to make the errors complained of clearly to appear, if they in truth exist; every presumption being in favor of the correctness of the rulings of the trial court.</p> <p>3. An appellate court will consider only such grounds of objection to the admissibility of evidence as were made in the court below, and general objections to evidence are vague and nugatory, unless the evidence is inadmissible under any circumstances.</p> <p>4. Where the declaration in an action against a railroad company describes it as organized and existing under the laws of the State of Virginia, but, through a clerical misprision, in the judgment entered against such company it is described as a corporation organized and existing under the laws of the State of Florida, this constitutes no ground for the íeversal oft he judgment, and such error will be directed to be corrected.</p>