St. Johns & Halifax Railroad v. Ransom

Citations

• 33 Fla. 406

Syllabus

<p>Damage by fire set by railroad locomotive—combustible matter on railroad right-of-way and road-bed, negligence: WHEN—PRACTICE.</p> <p>1, Where a defendant interposes the plea of the general issue, that. requires nothing more than a joinder of issue thereon or the-general similiter to make the issue complete, and goes into and through a full and final trial of the merits of the controversy embraced in the declaration and plea, without noticing the-absence of such similiter, and without protest or objection to the trial because of its absence, he can not afterwards avail1 himself of the absence of such similiter as ground either for arrest of judgment or for reversal upon appeal.</p> <p>2, While it is not negligence per se in a railroad company to allow combustible matter to accumulate or remain upon its road-bed. and right-of-way, yet it may become negligence when taken in connection with other circumstances that render its presence there a cause of damage to others. Where it is apparent that damage would result to the adjacent property of others in the event of a fire started anywhere along a railway company’s abutting road-bed, then it becomes such company’s duty to render the chance escape there of fire from its engines less hazardous by keeping its road-bed and right-of-way clear of fire-feeding debris. The principle of the rule that, “the degree of care required to be used in any given case to avoid the imputation of negligence, must be according to the circumstances, or in proportion to the danger, such care as is ordinarily sufficient under similar circumstances to avoid danger . and to secure safety,” Held, to be applicable to the duty of a. railroad company in keeping its right-of-way free of combustible matter.</p> <p>3, Where the accumulation of combustible matter permitted by a. railroad company to remain upon its road-bed and right-of-way is of such character as to render the small sparks that inevitably escape from its locomotives, despite the most c