The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-01-28
MEA D-N0TEs TO DECISIONS OF THE
SUPREME COURT OF RL0RIDA.


Savannah. Florida & Western r. R. Co., Appel.
liant, VS.. j. H. Geiger. Appellee-Nassau
county.
RANEY, j.:
l. The common law In so far as 1t requires the
owner of live stock to keep them of the premi'
SEES of another and renders him liable to the
owner of such premises for damage done by
such stock, is not in force in Florida.
Q. Cattle, horses and other live stock running
at large are not trespassers when they 90 upon
the track Of a railroad company, nor are their
owners liable for damage resulting to the COM
paDy from their going upon the track ana An
engine or train of cars running upon them.
8. The right of a railroad company to the use
of its track is nothing more than the right OF
occupancy of his land and does not exempt the
company from the duty enjoined by law upon
every person 80 TO use his own properly a. NOT
to do any unnecessary injury to another
A. A railroad company is liable for killing or
inuring cattle or other live stock upon its track
by its train whenever such killing or injury Is Inc
result of negligence upon the part OF the agents
operating the train. The fact that the owner OF
the live stock permits them to run at large does
not constitute c0ntribuory negligence.
s. Negligence upon the part OF the railroad
company is the basis of the right OF the owner
of the live stock to recover, and ii must be
ayerred in the declaration, and be proved.
g. In an action by an owner ut live stock
against q railroad company for killing or injuring
the stock by its train. proof of the killing or in
Jury is not of itself prtnaG fdcte evidence oil neg
lgence upon the part OF the company or its
agents To make out prinaa tdcie Case OF negli-
gence there must at least be evidence of circum.
stances. from which a presumption arises that
the stock would not have been run upon by the
train but for want OF care on the part OF those
operating 1t.
Z. The Legislature may provide that pruof Of
| the killing or damage To live stock by railroad
train or engine shall be pri'na tdc!s evidence oil
negligence on tho part OF II railroad company Oh
other person operating the railroad.
8. Where under the circumstances OF the kill
ing or injury, il could have been avoided by the
exercise of ordinary or reasonable care upon the
part of the agents operating the train, and such
care has not been exercised, the company will I've
| liable: but If Notwithstanding the exercise of
such care the killing or injury would be una
voidable the company is not liable
| 8. Though owners of cattle aud other live
| stock have the legal right to turn them out to
range, vet In doing so they assume the risk Of
| any damage which may result to the stock from
| their going upon railroad track and being run
| upon by train, when the circumstances are
| such as to render running upon them unavoida-
| BILE Notwithstanding the use OF reasonable care
by the person operating the train 10 avoid IT,
10. The meaning OF sections one and two oil
| "an oct 10 provide means for the collection
OF claims for cattle and other stock deelrOyed ~
| railroads" (chapteE 1880 Acts VI 1901 10 that
| the .aiildavit Of the owner or some other par
son acquainted with tho stock killed or MAIN.
ed" shall be conclualve evidences Of the snsount
of damages sustained by the 0sEaer, and such
provision b void ~ not providing due process Of
law.
ii. Whore the subject expressed g NE title Of
collection Of cleinD for cattle and ol4er stock
destroyed 81 railroad" and the body Of the
statute declares or creates IN Abo0lute liability
which did not exist prior to ~ pasoage such
new inability h not within the suhjecs expreseed
II ~ title, and 10 this extent the statute = IN