Seaboard Air Line Railway v. Parker

Citations

• 65 Fla. 543
• 62 So. 589

Syllabus

<p>1. Where actionable noglisrence is alleged in a count, subsequent allegations therein of negligent acts not stated to have caused the injury complained of, may be treated as surplusage when they do not render the essential allegations of the count repugnant.</p> <p>2. Where there is substantial evidence that the plaintiff was injured by the negligent movement of a railroad company’s train, such evidence may warrant a finding of liability against the company under the statute.</p> <p>* An attorney called as a witness may sua sponte present to ■ the court a question of privileged communication, when not otherwise waived by the client.</p> <p>1. The fact that a client upon cross examination testified without objection that he had not made a certain statement to his attorney, does not waive the privilege.</p> <p>Ó. Where the earning capacity of a plaintiff is in issue, evidence tending to show him to be of indifferent earning capacity is admissible.</p>