Owen Turner sued the Atlantic Coast Line Railroad Company in the circuit court of Polk county for damages for injuries sustained by the negligence of the railroad company in permitting a box car to run into a wagon on which Turner was riding at a street crossing in the town of Mulberry. Turner was thrown from the wagon and claims to have been injured. On the trial the plaintiff recovered a judgment for $2,500.00 with eight per cent, interest from the 21st of July, 1908. The defendant has brought this judgment here for review on writ of error.
The only question insisted on here by the plaintiff in error is, that the judgment is excessive. There was evidence that Owen Turner, the defendant in error, was a farmer living on the Alafia river about five miles from Mulberry. He had a small farm of about twelve acres upon which he had lived’ about twenty years, and upon which he had raised a portion of his family of children. He cultivated the farm from year to year, and when he was not-thus employed he had been doing work on the public roads for which he received one dollar and fifty cen Is a day. At the time of the alleged injury Mr. Turner was fifty-seven years old. At that time he had a slight rupture or hernia, which had never before given him any special trouble or prevented him from following his usual avocations. When the wagon he was in was struck by
The judgment below is affirmed.
