Legal Opinion

Florida Central & Peninsular Railroad v. Mooney

Supreme Court of Florida

Decided January 15, 1898PublishedCited by 27 opinions

Writ of Error in Circuit Court for Levy County. Statement. The defendant in error recovered judgment against plaintiff in error for $5,000 in the Circuit Court of Levy county on November 28, 1894, from which this writ of error was taken. The declaration, hied February 22, 1894, claimed damages for personal injuries sustained by plaintiff March 1, 1893, upon defendant’s railroad at Cedar Keys.

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Writ of Error in Circuit Court for Levy County. Statement. The defendant in error recovered judgment against plaintiff in error for $5,000 in the Circuit Court of Levy county on November 28, 1894, from which this writ of error was taken. The declaration, hied February 22, 1894, claimed damages for personal injuries sustained by plaintiff March 1, 1893, upon defendant’s railroad at Cedar Keys. It alleged that plaintiff w^as employed by defendant as train shifter at that point to take charge of incoming trains, and, in accordance with instructions from its depot agent, to place cars on the…

1Opinion of the CourtCarter, J.

1. The court did not err in overruling objections to the question propounded to plaintiff, “How long had Ned F. Launt been shifting engines at Cedar Keys before the injury.” Launt was the engineer in charge of the engine at the time of the accident. It was his alleged negligence which caused plaintiff’s injury. The length of his service as shifting engineer at this point was material as bearing upon his knowledge of the location and situation of the main tracks, sidetracks, switches, the methods of operating them and of shifting cars at this particular place, as well as the customary duties…

2Cases cited20 opinions

  1. Florida Railway & Navigation Co. v. WebsterSupreme Court of Florida · 1889
  2. Central Railroad v. DeBraySupreme Court of Georgia · 1883
  3. Florida Southern Railway Co. v. HirstSupreme Court of Florida · 1892
  4. Louisville & Nashville Railroad v. YniestraSupreme Court of Florida · 1886
  5. Savannah, Florida & Western Railway v. BarberSupreme Court of Georgia · 1884

15 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
  2. German American Lumber Co. v. BrockSupreme Court of Florida · 1908
  3. Florida East Coast Ry. Co. v. McRobertsSupreme Court of Florida · 1933
  4. George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
  5. Georgia, Florida & Alabama Railway Co. v. SasserCourt of Appeals of Georgia · 1908

22 more not listed; retrieve them via the Exa API.

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