(DOWNLOAD) "Seaboard Air Line Railway v. Royal Palm Soap Company" by Supreme Court of Florida # eBook PDF Kindle ePub Free
eBook details
- Title: Seaboard Air Line Railway v. Royal Palm Soap Company
- Author : Supreme Court of Florida
- Release Date : January 07, 1920
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Per Curiam. -- This writ of error was taken to a judgment awarding damages for property destroyed by fire. There was no testimony that fire was seen to escape from the railroad company's locomotive, but there was testimony that fire was seen on or near the track within perhaps fifteen or twenty feet of the property soon after the engine passed over the place and that within perhaps a half hour after a small fire was first seen on or near the track, the property in question was seen to be on fire. There was also testimony that boys smoking cigarettes were seen at or near the place where the fire was first seen at the time the engine passed. While there was testimony that the engine had been known to emit sparks of considerable size, it was shown that the engine had since then been overhauled and the defects remedied by appropriate additions to the smoke stack and fire box. A preponderance of the testimony tended to indicate that the fire box was in a reasonably good condition, though there was testimony of a witness who ""just stood off on the side"" of the engine, that he saw two days after the fire that the fire box of the engine ""wasn't either put together close when it was built or it has rusted out or burned out in the corners."" There was not testimony that the smoke stack was not in proper condition; and there was no showing that any fire escaped or could have escaped from the smoke stack. The train crew testified to the careful operation of the engine and that no fire was seen to escape from the engine and no fire was seen by them after the engine passed over the particular place in switching.