Florida District Courts of Appeal, 1967

Myers v. Seaboard Air Line Railroad

Florida District Courts of Appeal · Decided September 19, 1967 · No. 1079 · Andrews, Clayton, Nance, Sam, Spector

202 So. 2d 624; 1967 Fla. App. LEXIS 4321 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Seaboard Coast Line Railroad v. Welfare (Fla. Dist. Ct. App. 1977)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

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 *625whether, in the absence of a showing that a railroad crossing is extra hazardous, more than the statutorily required warning devices must be provided.

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.

ANDREWS, J., and SPECTOR, SAM, and NANCE, L. CLAYTON, Associate Judges, concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.