Varnes v. Seaboard Air Line Railway Co.

Citations

• 80 Fla. 624
• 86 So. 433

Syllabus

<p>1. In an action for damages for the wrongful death of one caused by a railroad corporation acting through its special agent, servant or employee, the plea of not guilty does not admit that the person through whose' conduct the deceased was killed was the special agent, servant or employee of the defendant, and the burden of proving the relation is upon the plaintiff.</p> <p>2. Inducement in pleading is the statement of matter which is introductory to the principal subject of the declaration or plea and which is necessary to elucidate or explain it.</p> <p>3. Where the evidence will not warrant a verdict for one party to an action, the trial court should direct a verdict for the opposite party.</p>