Atlantic Coast Line Railroad v. McIntosh

Supreme Court of Florida January 15, 1908

Atlantic Coast Line Railroad v. McIntosh, 55 Fla. 416 (Fla. 1908)

Opinion of the Court

Per Curiam.

—In this case Mr. Chief Justice Shackleford, Mr. Justice Cockrell and Mr. Justice Whitfield are *417of the opinion that the judgment should be affirmed, while Mr. Justice Taylor, Mr. Justice Hocker and Mr. Justice Parkhill are of the opinion that the judgment should be reversed.

Under the-circumstances upon the authority of State ex rel. Hampton v. McClung, 47 Fla. 224, 37 South. Rep. 51, the judgment should be affirmed, and it is so ordered.

Reference

Full Case Name: Atlantic Coast Line Railroad Company, a Corporation Organized and Existing Under the Laws of the State of Virginia, in Error v. Sarah Elizabeth McIntosh, in Error
Status: Published
Syllabus: The concurrence of a majority of the members of the supreme Court sitting as one body is necessary to a decision; but where the members of the court sitting in a cause on writ of error or appeal are equally divided, the judgment of the lower court should be affirmed, on the authority of State ex rel. Hampton v. McClung, 47 Fla. 224, 37 South. Rep. 51.