A. D. COSSON
v.
W. B. HARBESON LUMBER CO.
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The plaintiff, injured while working for a lumber company on its private logging railroad, sued under statutes applicable to railroad companies. The court affirmed the judgment, finding that while the logging railroad did not fall under the statutes, the jury's award was not demonstrably inadequate.
No, a private logging railroad used exclusively for transporting logs does not fall within the purview of statutes applicable to public railroad companies. However, the jury's award of $5,000.00 was not found to be inadequate based on the record.
“This question has been determined adversely, to the contention of plaintiff in error in Carter v. J. Ray Arnold Lbr. Co., 83 Fla. 470, 91 Sou. 893, and authorities there cited; Fruit Growers Express Co. v. Norton, 95 Fla. 429, 116 Sou. 234, and authorities there cited.”
Establishes that the plaintiff's argument regarding the applicability of railroad statutes to the logging road has been previously rejected by the court.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff was injured while working for the defendant lumber company and operating its private logging railroad. The plaintiff sought damages unde…
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-The writ of error is to a judgment in favor of the plaintiff who is plaintiff in error here- for t(he sum of $5,000.00 for injuries received while plaintiff was working for defendant and in the discharge of his duties in such employment by the overturning of a machine known as a “pea picker” then being used in the construction of defendant’s railroad which was a railroad built, maintained and used only for the purpose of transporting defendant’s logs from the forests and woods to defendant’s sawmill.
Plaintiff contends that by the operation of this railroad by defendant exclusively to transport logs from the for*567ests to its mill, it being a logging road only, the defendant nevertheless, comes within the purview of the statutes prescribing the liability of railroad companies for damages done to persons or property and within the purview of the hazardous occupation statute, Sec. 4964 R. G. S., 7051 C. G. L., 4971 R. G. S., 7058 C. G. L., and 4972 R. G. S., 7059 C. G. L.
This question has been determined adversely, to the contention of plaintiff in error in Carter v. J. Ray Arnold Lbr. Co., 83 Fla. 470, 91 Sou. 893, and authorities there cited; Fruit Growers Express Co. v. Norton, 95 Fla. 429, 116 Sou. 234, and authorities there cited.
It appears from the record, however, that the plaintiff did recover a judgment and, therefore, he has no cause to complain of the non-application of the statutes. The effect of the statutes is to allow recovery in cases to which they are applicable where otherwise recovery could not be had.
It is next contended that the amount of the verdict and judgment was inadequate.
The jury if authorized to return a verdict in favor of the plaintiff might have been warranted in allowing him more than $5,000.00, but this was a jury question and the record does not disclose that the jury was influenced against the plaintiff by anything outside the record.
For the reasons stated, the judgment should be affirmed and it is so ordered.
Affirmed.
Davis, C. J., and Whitfield, Ellis, Terrell and Brown, J. J., concur. .
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Carter v. J. Ray Arnold Lumber Co., 83 Fla. 470 (Fla. 1922)
- Burnett v. State, 91 So. 893 (Ala. Ct. App. 1921)
- Fruit Growers Express Co. v. Norton, 95 Fla. 429 (Fla. 1928)