57 Fla. 155 | Fla. | 1909
The defendant in error as plaintiff below sued the plaintiff in error as defendant below in the Cir
At the close of the evidence the defendant moved the court for a peremptory charge to the jury to find for the defendant. This request was denied, and such ruling is assigned as error. This was error. The declaration in the case alleged that the plaintiff was a passenger on one of defendant’s trains, and that while he was such passenger the defendant did not use due and proper care that he should be safely carried, but wholly neglected to do so, and then and there carelessly and negligently permitted and suffered a defective window to remain and be in said car at the seat where the plaintiff was sitting on said train and also allowed the defective window to be raised, and while the said plaintiff was sitting in said car the said window being defective as aforesaid fell on one of the plaintiff’s hands with great force, which said hand was caught in and under said window, and which said window thereby crushed, bruised and mangled the said hand and fingers of the plaintiff which caused him much pain and suffering, and caused him to have fever, and to become sick, sore, crippled and disordered' for about two months.
The only negligence alleged against the defendant was that it permitted a defective window to be and remain in the car where plaintiff was riding as a passenger, and negligently allowed said defective window to be raised, and that by reason of such defective window the injury resulted to plaintiff. When we come to the proofs there is not-a scintilla of testimony tending to show that there was any defect in the window that caused the injury to> the plaintiff save the bare fact that such window! fell and caught the plaintiff’s hand. Sjeveral wit
The defendant also moved for new trial upon the ground that the verdict was not sustained by the evidence, which motion was overruled, and it is assigned as error. It follows from what has already been said that this ground of the motion for new trial was well taken, and that the court erred in overruling such motion.
The judgtnent of the court below in said cause is hereby reversed at the cost of the defendant in error.