Owen J. Roberts

“ A railroad company shall be liable for any damage done to persons, live stock or other property, by the running of the locomotives, or cars, or other machinery of such company, or for damage done by any person in the employ and service of such company, unless the company shall make it appear that their agents have exercised all ordinary and reasonable care and diligence, the presumption in all cases being against the company. ”

“ Under decisions of the Supreme Court of Florida construing and applying these statutes, the railroad may overcome the presumption created by section 7051 and defeat recovery in all the actions by establishing that the injury was caused solely and proximately by the negligence of the husband. ”

“ Separate judgments were entered. Upon appeal the Circuit Court of Appeals affirmed the judgment in the action for the death of the husband, but reversed and remanded for new trials in the remaining cases. ”