Jacksonville Street Railway Co. v. Chappell
Supreme Court of Florida
Appeal from the Circuit Court for Duval county. The testimony is as follows : Chappell testifies that between November 15 and 20 he walked down and took the cars at the corner of Market and Duval streets; that lie entered the cars and walked to the forward end and turned to seat himself, and the car suddenly started throwing him a little sideways so that his leg struck the seat, and he fell to the floor of the car; the driver then stopped the car, and assisted him up, and…
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Appeal from the Circuit Court for Duval county. The testimony is as follows : Chappell testifies that between November 15 and 20 he walked down and took the cars at the corner of Market and Duval streets; that lie entered the cars and walked to the forward end and turned to seat himself, and the car suddenly started throwing him a little sideways so that his leg struck the seat, and he fell to the floor of the car; the driver then stopped the car, and assisted him up, and said he was very sorry, that he thought Chappell was seated. Chappell told him he should have been sure of it before he…
1Opinion of the Court
Ms. Justice Raney
delivered the opinion of the court:
I. The first error assigned is that the Circuit Judge erred in charging the jury as follows : “ If you believe from the evidence that it was apparent to the car driver that the plaintiff, when he entered the car, was in a crippled condition, having to use a cane or crutches to aid him in moving about, then it was the duty of the driver to use a greater degree of care than m a common case of an apparently well and sound passenger.” It is urged that there was no testimony “ going to show ” that it was apparent to the driver that the plaintiff,…
2Cases cited7 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Button v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Hitchcock v. BurgettMichigan Supreme Court · 1878
- Evansville & Crawfordsville Railroad v. HiattIndiana Supreme Court · 1861
- Deyo v. . New York Central Railroad Co.New York Court of Appeals · 1865
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. HousekeeperCourt of Appeals of Maryland · 1889
- Weimer v. HetrickCourt of Appeals of Maryland · 1987
- Bucki v. ConeSupreme Court of Florida · 1889
- Miller v. LeibCourt of Appeals of Maryland · 1909
- State Ex Rel. Kalives v. Baltimore Eye, Ear, & Throat Hospital, Inc.Court of Appeals of Maryland · 1940
13 more not listed; retrieve them via the Exa API.