South Florida Railroad v. Rhodes

Citations

• 25 Fla. 40

Syllabus

<p>1. In an action brought by a passenger against a railroad company to recover damages from the company for wrongfully expelling him from the defendant’s train, it is not necessary for the declaration to allege that the passenger, at the time of his expulsion, was complying with all the reasonable rules of the cempany, nor to allege that the passenger was not about to violate any such reasonable rule at the time of his expulsion.</p> <p>2. The question as to whether a contract or agreement entered into be- ■ tween the railroad company and a line of steamers plying be- ' tween Jacksonville and Sanford was entered into in good faith, and was legal and binding, or that such contract constituted an oppressive monopoly, and hence was not legal and binding, is a mixed question of law and fact, and it was properly left to the jury to be passed upon by them.</p> <p>3. The reasonableness of a rule prescribed by a railroad company, for the government of its business, is purely a question of law to be decided by the court, and not a question of fact to be passed upon by juries.</p> <p>4. A rule adopted by a railroad company, which inhibited passengers on their trains from wearing the uniform cap of a line of steamers running in opposition to a line of steamers running in connection with the company, was not reasonable, and hence not binding on the public.</p> <p>5. The statute (sec. 41, chap. 1987, Laws of Florida,) prohibits the expulsion of a passenger by a railroad company for non-payment of fare at any point other than a usual stopping place, or near some dwelling house. When, however, a passenger wantonly 1 violates any other reasonable rule of a railroad company, the obligation to transport him ceases, and the company may expel him from the irain at any convenient and safe point that may be se. lected by the officer in charge, no more force being used than may be necessary for such purpose. This is a common law right, and has not been restricted by statute as in cases o