Myers v. Seaboard Air Line Railroad
Florida District Courts of Appeal
Myers v. Seaboard Air Line Railroad, 202 So. 2d 624 (1967)
1967 Fla. App. LEXIS 4321
Andrews, Clayton, Nance, Sam, Spector
Myers v. Seaboard Air Line Railroad
Opinion of the Court
This is an appeal by the plaintiff from an adverse jury verdict in an action arising out of a collision between a train and a motorcycle at a railroad crossing. The primary question for consideration is
This question was answered in the negative by the Supreme Court in Atlantic Coast Line R. R. Co. v. Wallace, 1911, 61 Fla. 93, 54 So. 893, and the basis for the opinion in Wallace was more recently followed in McNulty v. Atlantic Coast Line R. R. Co., Fla.App.1966, 198 So.2d 876.
In view of the holding in these cases, it is our view that the judgment appealed should be affirmed.
Reference
- Full Case Name
- Leslie L. MYERS, Individually and as father, next friend and guardian of Michael Lynn Myers, a minor v. SEABOARD AIR LINE RAILROAD COMPANY, a Virginia corporation authorized to do business in the State of Florida, and C. B. Russell
- Cited By
- 2 cases
- Status
- Published