Florida District Courts of Appeal, 1959

Carter v. Atlantic Coast Line Railroad

Carter v. Atlantic Coast Line Railroad
Florida District Courts of Appeal · Decided June 26, 1959 · Allen, James, Kanner, Walden
113 So. 2d 412; 1959 Fla. App. LEXIS 2606 (Southern Reporter, Second Series)

Carter v. Atlantic Coast Line Railroad

Opinion of the Court

PER CURIAM.

Affirmed.

KANNER, C. J., and ALLEN, J., concur. WALDEN, JAMES H., Associate Judge, dissents.

Dissenting Opinion

WALDEN, JAMES H., A. J.

(dissenting).

I dissent for that I strongly believe that the case should have been submitted to the jury in the court below by authority of the cases of Atlantic Coast Line R. Co. v. Johnston, Fla.1954, 74 So.2d 689 ; Hutton v. Atlantic Coast Line Railroad Company, Fla.1957, 92 So.2d 528; and Atlantic and St. Andrews Bay Ry. Co. v. Church, 212 F.2d 688. It is my view, therefore, that the judgment of the trial court should be reversed and the cause remanded for a new trial.

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