Seaboard Air Line Railway v. Minor

Citations

• 82 Fla. 492
• 90 So. 611

Syllabus

<p>1. In an action to recover damages for property burned by fire set out or communicated by the negligent operation of a railroad locomotive, it is. encumbent upon the plaintiff to show that ‘.the damage complained of was in fact caused by the defendant as alleged.</p> <p>2. When it is duly made to appear that fire was proximately communicated to property by a defendant railroad company in the running of its trains or locomotives as alleged, and that inury resulted as charged, a presumption of negligence on the part of the defendant in causing the damage, is raised by the statute, and the burden is then upon the company to show by appropriate evidence that its agents “exercised all ordinary and reasonable care and diligence” to avoid the injury complained of.</p> <p>3. Proof that the fire causing the injury was in fact communicated from the defendant’s train or locomotive should be made by positive or affirmative evidence or by testimony from which a reasonably certain inference may be drawn that is not repugnant to the evidentiary facts and circum- , stances.</p> <p>4. To support a judgment for damages the evidence should, inherently and when taken in connection with other pertinent facts and circumstances in evidence, produce a reasonable belief of facts essential to a recovery.</p> <p>5. When evidentiary facts that are essential to a recovery are not clearly established, errors in charges that are calculated to confuse or mislead the jury, may be harmful and may cause a reversal of a judgment in order to preserve fundamental rights or to prevent a miscarriage of justice.</p> <p>6. The use of machinery and appliances of the most approved character that are in general use and appropriate to the service being rendered and reasonably safe in use under the circumstances in which a railroad is operated, satisfies the requirements of the law as to the defendant’s duty.</p> <p>7. Where the evidence does not clearly establish liability and inapplicable or inaccurate char