S. D. Warfield v. Amelia Hepburn and O. M. Hepburn

WHITFIELD, C. J. -- The part of the declaration that is material here is as follows: ""The plaintiff, Amelia Hepburn, was a passenger on a train operated by said defendants, their servants, agents and employees bound from the City of Jacksonville [to the City of Tampa], and on said date while plaintiff was riding as a passenger aforesaid and seated in the car assigned to her as a passenger, the defendants by their servants and employees disregarding their duty to the said plaintiff as a passenger so negligently and carelessly operated said train, and so negligently and carelessly failed to take the necessary precaution looking to the safety of said train and its occupants that the said car in which said plaintiff was riding by and through the negligence of the defendants was derailed, causing the same to be suddenly and violently stopped, from the effects of which the said Amelia Hepburn was violently thrown from her seat, her body striking a portion of the car, from the effects of which plaintiff suffered grievous injury to her right hip, leg and back, and from thence until the present time has suffered excruciating pain, being confined to her bed for a period of several weeks, and suffering great shock to her nervous system, the latter injury plaintiff avers being permanent, and has in addition been compelled to expend a large sum of money for physician services, nursing and medicines in an effort to rid herself of the said injury without avail, and is debarred and prevented by said injury from attending to her household or social duties.""