Butler v. Southern Railway Co.
Supreme Court of Florida
Writ of error to the Circuit Court for Duval County. Statement. Charles Butler is alleged to have been killed by a train of the Southern Railway Company, and this action, begun August 26th, 1908, in the Circuit Court for Duval County, is in the name of his minor children by nest friend under the statute to recover such damages as they may have sustained by the death of their father.
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Writ of error to the Circuit Court for Duval County. Statement. Charles Butler is alleged to have been killed by a train of the Southern Railway Company, and this action, begun August 26th, 1908, in the Circuit Court for Duval County, is in the name of his minor children by nest friend under the statute to recover such damages as they may have sustained by the death of their father. See Section 3145 and 3146 of the General Statutes as amended by Chapter 5648 Acts of 1907. The declaration is in three counts, as follows: “First Count. WHEREAS, On or about the 1st day of March, 1909, there was…
1Opinion of the Court
Whitfield, C. J.,
{After stating the facts.) — Sections 3148 and 3149, General Statutes of 1906, provide that “A railroad company shall be liable for any damage done to persons, stock or other property, by the running of the locomotives, or cars, or other machinery of such company, or for damage done by any person in the employ and service of such company,, unless the company shall make it appear that their agents have exercised all ordinary and reasonable care, and diligence, the presumption in all cases being against the company.”
“No person shall recover damages from a railroad company for…
2Cases cited2 opinions
- Warfield v. HepburnSupreme Court of Florida · 1911
- Morris v. Florida Central & Peninsular RailroadSupreme Court of Florida · 1901
3Cited by9 opinions
- Cline v. PowellSupreme Court of Florida · 1939
- City of Jacksonville v. VaughnSupreme Court of Florida · 1926
- Marianna & Blountstown Railroad v. MaySupreme Court of Florida · 1922
- Georgia, Florida & Alabama Railway Co. v. CoxSupreme Court of Florida · 1918
- Seaboard Air Line Railroad Company v. BranhamDistrict Court of Appeal of Florida · 1958
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