Wilkinson v. Pensacola & Atlantic Railroad
Supreme Court of Florida
Appeal from the Circuit Court for Santa Rosa •county. STATEMENT. Suit was instituted by appellant in the Circuit Court against appellee, a railroad company, to recover damages for injuries received on account of the alleged negligence of an employe of the company.
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Appeal from the Circuit Court for Santa Rosa •county. STATEMENT. Suit was instituted by appellant in the Circuit Court against appellee, a railroad company, to recover damages for injuries received on account of the alleged negligence of an employe of the company. The declaration alleges that on the 29th day of June, 1890, while plaintiff was traveling along the right-of-way of the defendant company, about twelve or fifteen feet from its road-bed, over which one of defendant’s trains was passing, the fireman on said train, in the employment of said company and in the regular discharge of his…
1Opinion of the Court
Mabry, C. J.:
Counsel for appelfant contends that under the demurrer to the evidence the company admitted enough to fasten liability on it for the injuries alleged in the declaration to have been received. The rule as to the effect of a demurrer to the evidence stated in Pawling vs. United States, 4 Cranch, 219, is approved by this court in the case of Higgs vs. Shehee, 4 Fla. 382. It is, that the party demurring admits the truth of the testimony to which he demurs, and also those conclusions of fact which the jury may fairly draw from that “testimony. Forced or violent inferences he does not…
2Cases cited8 opinions
- Pawling and Others v. The United StatesSupreme Court of the United States · 1808
- Parrish v. Pensacola & Atlantic RailroadSupreme Court of Florida · 1891
- Duncan v. StateSupreme Court of Florida · 1892
- Jacksonville, Tampa & Key West Railway Co. v. NeffSupreme Court of Florida · 1891
- Higgs v. SheheeSupreme Court of Florida · 1852
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Myers v. HodgesSupreme Court of Florida · 1907
- Holland v. StateSupreme Court of Florida · 1897
- Consumers Electric Light & Street Railroad v. PryorSupreme Court of Florida · 1902
- Williams v. HinesSupreme Court of Florida · 1920
- Ingram-Dekle Lumber Co. v. GeigerSupreme Court of Florida · 1916
17 more not listed; retrieve them via the Exa API.