The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1889-01-22
JANUARY TERN. 1899

JANUARY TERN. 1889
The South Florida Railroad Company. Appel
liant, vs John F. Rhodes, Appellee-Orange
county.
MITCHELL, j..
l. In an action brought by 4 p .ssenger az inst
a railroad company 10 recover damages from The
Company for wrongtully expcng him Fl IN the
defendants train, it is not Necessary Tor The de-
claraton to allege that the p sseng'r, al the
time of his expulsion y.as comp wing with all the
reasonable rules of II e company, nor 10 aIlege
that the passenger was not about to violate any
such reasonable rule at the time OF his eXpui-
sion.
3 The question rs 20 whether a contract or
agreement entered into be Wec1 the railroad
company and a lire of steamers plying between
jacksonville and Sanford was entered into in
good faith, and was legal and binding or that
such contract constituted an oppressive monop-
DIV and hence was not legal and binding, is
mixed Qu son of law and fact, Ar il was prop
ery left TO the jury to be passed upon by trem
3 The reasOnabl eness OF a rule prescribed by
railroad company. for the government OF lis
business, is purely question OF law TO be de-
cided by the court, and not a question OF fact to
be passed upon by jules.
t rule adopted bv a railroad company,
which inhibited passengers on thcIr trains frUm
wearing The uniform cap at line OF sieAm":>
running in opposition 10 IL line III STEAMERS ran
ming IN connection with Ia mpany. Ms n'l
fets1naoic, and hence nn' "'n'hhg on ne Pu'''.
. ne s'a'u,' = C. ~ mp u.s. L'"> 90
I"''"',' pro" DIE '"' t'P''9''" u i P''seh-''
Dy railroad company tor non-ptymrnt 81 lllc
a. any point her than usual stopping y ace, nT
near som" rNtiH- H'N'e. p" il'l!' A""'Nti
passenger "ahtll N"'t'fo any plh': it'- hHui"
r"e"i = '"i'foa comp hy, tn" "hh-a'i"" 10 ran
>.'of' MN ce"Se>' ana lhe c'inpinN III y 'Apr
Ain tom Tie ron a any nNeuicnr AID safe
point That NAY be selected ly HE oilcri IN
charge no more torce being used Ihau may be-
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ard !, ! ~ ann, - ~ i,,, ~ ,I.,y ,.,d -.
cnnf,y,n ,h,r.,n 1u, # ,l,v al 80 ,h.
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Jnd+u,..o, ,,'Y.,ca4
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Prohi:i,ion
y
i'ANH'' -
Inc seventh section al NE delnq i"nt tenhnt
act, chapter 3?4S, Laws OF 1881 "a p 100, Nee
Diges', was, IN :" Tar as II auihof1.d The Cir
cut Court 10 try de "oeo, or. IN other words, as
an original cause ana anew upon rs merits, IA
case appealed urder SUCH statute, from judy
met OF the County Judge, inccnsis cnt with
$ ) and ~, o: Ar. VI, OF the Constitution o!
1858, AS AMENDED in 1879, and lnoperalivr: The
purpose and en- CT OF the III, OF Art. vi, Was
that The appeal in such Cases should be To the
appellate and not TO the original Jnris lcion OF
the circuit Court sue eI Fel cs hh9, ~ Fla,
o95 dppT0oed.
demurrer overlnien. WV
Il. II. rries 'of heia'or m Flsher Tor he
sponoent
Frank keddlck, flaIntlff IN error, vs. The State
MITCHELL, j.:
/ In all cases where a man is on trial accused
to show his general good character or rennta-
ton, but the evidence is to be confined to gen
or - rsnnts,on ~ nart;snl, ~ acIs If GOOD cnn
duet on The part of the accused cannot be shown
III evidence ana the same RUE apples 10 Tue
ptoS.cu'ln. Inc prosecution cannon mo pu. 10 Is