Tampa Electric Co. v. Bourquardez

Citations

• 72 Fla. 161
• 72 So. 668

Syllabus

<p>1. In actions for negligent injuries it may be necessary to allege only the relation between the parties out of which the duty to avoid negligence arises, and the act or omission that proximately caused the injury, coupled with a statement that such act or omission was negligently done or omitted.</p> <p>2. In an action against an electric railway company whereby it is sought to recover damages for the death of a person wdio is alleged to have been killed by reason of the negligent and careless operation of a car of such company, where the evidence adduced affirmatively shows that the deceased failed to exercise that degree of caution and prudence which the known risks required, but so negligently rode a motorcycle upon the car track as to bring about a collision between his motorcycle and the approaching car as to occasion his death, the speed of the car cannot be considered the proximate cause of the fatal injury, and there can be no recovery under the provisions of Section 3149 of the General Statutes of 1906, the deceased having come to his death through his own negligence.</p>