(Download) "William E. Flanders v. Georgia Southern and Florida Railway Company" by Supreme Court of Florida " Book PDF Kindle ePub Free
eBook details
- Title: William E. Flanders v. Georgia Southern and Florida Railway Company
- Author : Supreme Court of Florida
- Release Date : January 09, 1914
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
WHITFIELD, J. -- In his individual capacity Flanders brought an action against the railroad company under the General Statutes of 1906 to recover damages for mental pain and suffering and for loss of services caused by the alleged wrongful death of his minor child, Charles Emory Flanders, the declaration alleging that the decedent was an employee of the defendant ""as a switchman on the railroad yards, Y's and terminals of said company, at and near Palatka, Putnam County, Florida, his said death having resulted from the passing over his body of a locomotive engine of said defendant,"" at Palatka, and that such death was caused by stated negligence of the defendant railroad company. The defendant pleaded not guilty, and that the alleged injury was caused solely by the negligent acts of the decedent. Issue was joined on these pleas. Later, a special plea of assumed risk was filed. A demurrer to this special plea was overruled. By leave of court and over the objection of the plaintiff a further plea was filed as follows: ""That the said Charles Emory Flanders, mentioned in plaintiff's declaration, at the time of the injury causing his death and immediately prior thereto, was employed as a switchman by this defendant a common carrier by railroad, operationg a line of railroad between and through the States of Georgia and Florida, and, among other points, between the City of Valdosta in the State of Georgia, and the City of Palatka in the State of Florida, and engaged in commerce between in States, and that the said Charles Emory Flanders, at the said