Sullivan v. Jernigan

Citations

• 21 Fla. 264

Syllabus

<p>1. The ordinary skill and caution exercised by the timber raftsmen on the Escambia river is a proper standard of comparison to ascertain whether a particular raft was navigated down said river with the necessary degree of skill and caution.</p> <p>3. The existence or non-existence of a custom is a question of fact for a jury. Its validity or invalidity is a question of law for a court.</p> <p>3. Custom cannot prevail against a legal right.</p> <p>4. Any person has a right to drive logs or timber without putting said logs or timber in rafts or clamps, and putting competent persons in said rafts or clamps to guide them, on any navigable stream in this State, at least so far as such driving of logs or timber does not impinge upon the right of another to navigate said river in any manner authorized by law.</p> <p>5. The knowledge of one about to drive logs down a public stream that another had obstructed the stream with booms, and who, notwithstanding said obstructions, sets adrift his logs, which come in contact with said booms and he is damaged thereby, does not establish contributory negligence on the part of him who is driving said logs. The right to navigate the stream is paramount to any obstruction not authorized by law.</p>