Savannah, Florida & Western Railway Co. v. Geo. W. Tiedeman & Bro.
Supreme Court of Florida
Appeal from the Circuit Court for Suwannee county. statement. Appellees sued appellant for the value of a certain-saw mill and fixtures, the property of the former, situated near the railroad track of the latter, and alleged to have been destroyed by fire, caused by the negligence of the company. The declaration contains two-counts, in substance the same, in alleging a basis of liability on the part of the defendant company.
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Appeal from the Circuit Court for Suwannee county. statement. Appellees sued appellant for the value of a certain-saw mill and fixtures, the property of the former, situated near the railroad track of the latter, and alleged to have been destroyed by fire, caused by the negligence of the company. The declaration contains two-counts, in substance the same, in alleging a basis of liability on the part of the defendant company. After alleging that plaintiffs (appellees here) were the owners of a certain saw mill and fixtures situated in the town of O’Brien, Suwannee county, Florida, near the…
1Opinion of the Court
Mabry, J.:
Error is assigned on the ruling sustaining the demurrer of plaintiffs below to the second plea of the defendant, but we discover no error in this respect.
Where negligence is the basis of liability it must be alleged and proved before recovery can be had. Walsh vs. Western Ry. Co. of Florida, 34 Fla. 1, 15 South. Rep. 686. The rule announced in Jacksonvillle, T. & K. W. Ry. Co. vs. Peninsular Land T. & M. Co., 27 Fla. 1, 9 South. Rep. 661, is that the mere emission of sparks from a railroad locomotive, or the mere setting out of fires thereby,' is not, per se, evidence of negligence…
2Cases cited5 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Wilkinson v. Pensacola & Atlantic RailroadSupreme Court of Florida · 1895
- Jacksonville Street Railway Co. v. ChappellSupreme Court of Florida · 1885
- Jacksonville, Tampa & Key West Railway Co. v. NeffSupreme Court of Florida · 1891
- Walsh v. Western Railway Co.Supreme Court of Florida · 1894
3Cited by10 opinions
- Atlantic Coast Line Railroad v. CrosbySupreme Court of Florida · 1907
- Frazee v. GillespieSupreme Court of Florida · 1929
- Gracy v. Atlantic Coast Line RailroadSupreme Court of Florida · 1907
- Indianapolis & Cincinnati Traction Co. v. SherryIndiana Court of Appeals · 1917
- Walter v. ParrySupreme Court of Florida · 1906
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