Citations
- 45 Fla. 286
Full opinion text
Garter, P. J.
This was an action instituted by defendant in error against plaintiff in error in the Circuit Court of Levy county to recover damages for personal injuries. Upon writ of error from a judgment, for plaintiff such judgment was reversed by this court (Florida Cent. & P. R. Co. v. Mooney, 40 Fla. 17, 24 South. Rep. 148), and at a subsequent trial plaintiff recovered judgment for $7,000, from which the present writ of error was taken. The pleadings and most important facts of the case will he found stated in the former opinion.
The first assignment of error is based upon the ruling sustaining objection to the following question propounded by defendant upon cross-examination of plaintiff as a witness, vis: “Was it. not in violation of the rules of the company to jump on or off of cars or to uncouple them while in motion?” The objection interposed was that the printed rules were the best evidence. The objection was untenable, as at the time it was interposed there was no proof that defendant ever had any -printed rules Whether, as contended by defendant in error, the ruling would be material in view of the fact that subsequently the defendant produced its printed rules-arid interrogated the witness respecting them, it is unnecessary to decide, as the judgment is reversed upon another ground, and - this precise question may not, and probably will not. arise upon another trial.
The second assignment of error complains that the court erred in sustaining objections to the following question propounded by defendant to its witness L. H. Temple, vis: “In your eighteen years’ experience do you know of any accident causing injury to persons or damage to property?” The testimony sought to be elicited by this question was so clearly irrelevent that it is not deemed necessary to discuss the ruling further than to say it was right.
The third assignment of error is based upon the ruling sustaining objections to the following question propounded to the same witness, vis: “If the company knew that you had made running switches at night, what would have -bom the - result?” The defendant contended that plaintiff was injured in making a running switch a\ night and sought to prove . by this witness that a vule of the company prohibited employes from making ru±.ning switches. The witness stated that running switches wem ver.y dangerous to persons and property; that he at other places on defendant's line of road had made them — that he i„ade them at night, but did not let the officers of the company know it. Thereupon the question quoted was propounded. The court was right in excluding it. The witness’ answer .would have been merely his opinion, regarding a matter as to which opinion evidence is inadmissible.
The fourth assignment complains of the ruling admitting in evidence two letters Avritten by defendant's Avitness Ned F. Launt to plaintiff about a year after the injury. Launt was defendant’s loeomotiA’e engineer at the time of the injury, and according to plaintiff’s testin»onv his failure to obey A signal to stop the engine and cars caused the injury. This witness had testified that the flnderstanding between him and plaintiff was that the train was not to stop before it reached the switch at which plaintiff was-injured, but that it was simply to slow down, and that he saw no signal given to stop. Plaintiff testified that the train was to stop before the switch was readied upon a signal from him, and that he gave the signal in due time. The letters were as follows:
“'Mt. Carmel, 111., 54, 1894.
Dear Friend Jack:
The F. O. & P. lawyer, whose up'here, and tried his best to get me to tell him something about tba accident, and I would not tell him a word; and if b« eomes to 0.'Keys, and tries to bluff you, you fell him r<> go to hell. He may have* some papers, but dont you compromise with a thing, for I did not sign my name i'<> anything. For I did not do anything that would Jmi'f you in the least, for 1 would not be that kind of a jnan., -lack, you just keep still and wait, for' you b--