Walsh v. Western Railway Co.

Citations

• 34 Fla. 1

Syllabus

<p>1. A declaration by an employe against a railroad company alleging generally without stating specific facts that the plaintiff was-injured in consequence of the negligence of the defendant in operating and managing its road and cars, and in using defective implements and machinery, is too general, and will he held had on demurrer; and the same rule will apply where-a wife of an employe sues for his wrongful death by the company.</p> <p>2. In such actions where negligence is the basis of recovery it is not necessary for the plaintiff in her declaration to set out the facts constituting the negligence, but an allegation of sufficient acts, the doing of which caused the injury, and an averment that such acts were negligently and carelessly done, will be sufficient.</p> <p>3. Although it is a complete answer to the claim for damages resulting from a failure on the part of a railroad company to furnish suitable instrumentalities, that the injured servant had full knowledge of the situation, and voluntarily engaged in the employment, or continued therein with such knowledge without objection; yet where a declaration alleges that the defendant did know of the defects mentioned, and that the plaintiff, an employe of the company, did not know of them, nor had he reason to anticipate or provide against them, and they ■were not such risks or hazards as were required or contem- ' plated by his employment as such servant, it will be good on • demurrer.</p>