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1887

CHAPTER 3740-[No. 60.]

AN ACT to Prescribe a Rule of Evidence on the Trial of Suits against Railroad Companies for Injuring or Killing Live Stock by their Engines, Cars or Trains in this State prior to the Approval of this Act.

Be it enacted by the Legislature of the State of Florida:

cars.

SECTION 1. That in all cases in which live stock have heretofore been injured or killed by railway engines, cars or trains Rule of eviwithin this State, and suit has been or shall hereafter be dence as to killing of stock brought within three years after such killing or injuring to re- by engines and cover from the railroad company operating such engines, cars or trains, damages therefor, the fact of the injuring or killing of such live stock by such railway engines, cars or trains, when proven to the satisfaction of the jury on the trial of such suit, shall be prima facie evidence of negligence on the part of such railroad company; Provided, That nothing in this act shall be so construed as to authorize or permit the revival of any such suit in which a final judgment has been heretofore rendered.

When to take

SEC. 2. That this act shall take effect from and after its ap- when proval by the Governor.

Approved May 28, 1887.

CHAPTER 3741-[No. 61.]

AN ACT to Prohibit Railroad and other Transportation Companies or Common Carriers in this State, and the Officers and the Agents thereof. from Granting Free Passes or Discounting the Fare Paid by the Public generally to Members of the Legislature or salaried Officers of this State; and to Prohibit Receiving the same.

Be it enacted by the Legislature of the State of Florida:

SECTION 1. That any Stockholder, Director, President or other officer or agent of any railroad or other transportation Free pa-ses company or common carrier in this State, or any person in fordidden. any way connected with any such companies or common carrier, who grants, sends or delivers a free pass over any railroad, steamboat or other transportation line, or for any distance thereon, or discounts the fare thereon paid by the public generally, to any member of the Legislature or salaried officer of this State, shall be deemed guilty of a misdeme inor, and upon Penalty. conviction thereof shall be punished by a fine of not more than one thousand dollars and not less than one hundred dol

1887

Legislators and

State officers

forbidden to re

ceive tree passes.

Penalty.

When to take effect.

Repeal.

fenced

lars, or by imprisonment in the county jail not exceeding one

year.

SEC. 2. Be it further enacted, That any member of the Leg. islature or salaried officer of this State who shall receive from ny railroad or other transportation company or common carrier in this State, or from any Stockholder, Director, President or other officer or agent of such companies or common carrier, or from any person connected in any way with any such companies or common carrier, any free pass over any railroad, -teamboat or other transportation line for any distance thereon, or shall receive any discount on the fare paid by the pub lic generally thereon, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars and not less than one hundred lollars, or by imprisonment in the county jail not exceeding one year.

SEC. 3. Be it further enacted, That this law shall take effect immediately on its approval by the Governor.

SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

Approved June 3, 1887.

CHAPTER 3742-[No. 62.]

AN ACT to Require Railroad and other Corporations, and Persons Operating and Running Railroads in this State, to Fence said Railroads; and in case of a Failure to do so, to Pay Damages for all Live Stock Killed or Injured on said Roads by Engines or Cars.

Be it enacted by the Legislature of the State of Florida :

SECTION 1. That every railroad company or other corporaRailroad: to be tion, and every person now operating or running any railroad in this State, or that hereafter may operate or run any railroad in this State, shall erect and maintain substantial fences on the sides of said railroads, except through towns and cities, unless said towns and cities require the same, sufficient to exclude and turn all live stock therefrom, with stock-guards at all public crossings, and at such other crossing as may be necessary, for the use of owners or tenants of land adjoining such railroads; and in case of a failure to erect and maintain said fences and stock-guards as aforesaid, such corporation or failure to fince. person shall be liable for all damages which shall be done by its or his engines or cars to any live stock, caused in either case by a failure to erect or maintain said fences and stockguards; and suit to recover such damages may be brought in

Liability for

1887

Two suits for

any court of this State, having competent jurisdiction, by the
person having the general property or special property in said
live stock; Provided, That nothing in this act shall be so con-
strued as to auth rize two suits, by different parties, for the bidden.
same cause of action.

same cause for

stock is killed

or injured.

SEC. 2. That when any live stock is killed or injured as provided for in section 1 of this act, the person entitled to dam- Proceedings to ages therefor shall give notice and present his claim there for be had in case to any general agent or officer of such corporation or person, or to any station, depot or other agent or officer acting for said corporation or person, in the county where said live stock was killed or injured, which notice and presentment of claim shall be in writing; and if, after said notice, said corporation or person shall fail to pay said claim for the space of thirty days, suit can be brought on such claim, and if, as presented, it was reasonable and just, the jury or Judge in said suit shall Damages a assess, as damages against such corporation or person, the lowed. actual damage to said live stock so killed or injured, fifty per cent. interest per annum on such damage from the day of the presentment of such claim, together with all reasonable attorney's fees.

if amount ten dered decid. d

SEC. 3. That if, when said claim is presented as aforesaid, and said corp ration or person shall de m said claim unrea- Effect of tender sonable and unjust, and shall tender or offer to pay all reason. able and just damages for the stock so killed or injured, and sufficient. the claim nt shall refuse to accept the amount tendered or offered to be paid, and upon the trial the jury or Judge, under the poofs, shall find a verdict for not more than the amount so tendered or offered to be paid, the court or Judge shall render judgment against the plaintiff in favor of the defendant for all reasonable costs, said costs to be deducted from the amount assessed as the damage to the live stock killed or injured, and the plaintiff shall be entitled to no attorney's fees.

SEC 4. That no action shall be commenced under the pro- Limitation of visions of this act after the expiration of one year from the actions. time that the party who is entitled to bring the action had information of the killing or injury of said live stock.

SEC. 5. That this act shall take effect ninety days after its When to be efspproval by the Governor.

fective.

SEC. 6. 'That all laws and parts of laws in conflict with the Repeal. provisions hereof be and the same are hereby repealed.

Approved May 13, 1887.

1887

Colored people paying firstclass fare entitled to first

class car accommodations.

forbidden to insult or annoy colored per

sons.

CHAPTER 3743-[No. 63.]

AN ACT Requiring all Railroad Companies in this State to Furnish First Class Cars on receiving First Class Fares for the Separate and Exclusive Use of Colored Persons.

Be it enacted by the Legislature of the State of Florida:

SECTION 1. That all railroad companies doing business in this State shall sell to all respectable persons of color first-class tickets, on application, at the same rates that white persons are charged and shall furnish and set apart for the use of persons of color who purchased such first-class tickets a car or cars in each passenger train as may be necessary to convey passengers equally as good, and provided with the same facilities for comfort, as shall or may be provided for white persons using and traveling as passengers on first-class tickets.

SEC. 2. That no conductor or person in charge of any passenWhite persons ger train on any railroad in this State shall suffer or permit any white person to ride, sit or travel, or to do any act or thing, to insult or annoy any person of color, while sitting, riding and traveling in said car so set apart for the use of colored persons, as mentioned in section one of this act, nor shall he or they, while so in charge of such train, suffer or permit any person of color, nor shall such person attempt to ride, sit or travel in the car or cars set apart for the use of white persons traveling as white persons. first-class passengers; Provided, That nothing in this act shall be construed to prevent female colored nurses having the care of children or sick persons from riding or traveling in such

Colored persons forbidden to

ride in cars intended for

Proviso.

Penalty.

car.

SEC. 3. That any railroad company in this State, or any conductor or other employee thereof, or any person whatever, who shall violate any provisions of this act, shall be deemed guilty of misdemeanor, and upon conviction shall be fined not less than twenty-five dolla's nor more than five hundred dollars. SEC. 4. That if any railroad company in this State shall vioPenalty for fail- late or refuse to comply with any or all the terms and requirements of this act the penalty mentioned in section three of this act may be inflicted upon the President, Receiver, General Manager or Superintendent thereof, or each or every of them.

ure of Railroad Companies to comply with this act.

Repeal.

SEC. 5. That all acts or laws in conflict with this act be and the same are hereby repealed.

Approved May 19, 1887.

1887

CHAPTER 3744-[No. 64.J

AN ACT to Apportion the Damages in Actions against Railway Companies by Persons and Employees, and to Provide for such Recovery of Damages against said Railway Companies by its Employees.

Be it enacted by the Legislature of the State of Florida:

not.

SECTION 1. That no person shall recover damages from a railroad company for injury to himself or his property when Damages, when the same is done by his consent or is caused by his own negli- recoverable or gence. If the complainant and the agents of the company are both at fault the former may recover, but the damages shall Extent recoverbe diminished by the jury. trying the case in proportion to able.

the amount of default attributable to him.

company no bar

SEC. 2. If the person injured is himself an employee of the company, and the damage was caused by another employee, Employment by and without fault or negligence on the part of the person to recovery of injured, his employment by the company shall be no bar to damages. the recovery, and no contract which restricts such liability shall be legal or binding.

Approved June 7, 1887.

CHAPTER 3745-[No. 65.]

AN ACT to Prohibit the Consolidation of Parallel or Competing Lines of Railway in this State.

Be it enacted by the Legislature of the State of Florida:

competing

SECTION 1. That from and after the passage of this act it shall not be lawful for parallel or competing lines of railway Consolidation in this State to consolidate their several franchises, lines of of parallel or railroad, or the management thereof, except when such railway railroad lines companies shall have special authority from the Railroad Commission of the State for suh consolidation. And all such consolidation or attempted consolidation herein prohibited shall be ultra vires.

forbidden.

SEC. 2. That all laws and parts of laws in conflict with the Repeal. provisions of this act be and the same are hereby repealed.

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