Seaboard Air Line Railway Co. v. Grimes

Supreme Court of Florida
Seaboard Air Line Railway Co. v. Grimes, 105 So. 142 (Fla. 1925)
90 Fla. 38
Elias, Strum, Terrell, West, Whitfield

Seaboard Air Line Railway Co. v. Grimes

Opinion of the Court

Per Curiam.

This writ of error was taken to a judgment awarding $200.00 double damages and $62.00 as attorney fees for a cow lulled by a train. There appears to -be no evidence to sustain an apparently excessive allowance of *39 attorney fees, and it is not clear that a failure to comply with the legal requirements of the statute as to fencing railroad tracks was a proximate cause of the killing of the cow so as to warrant a recovery of double damages.

The cow was between the main line and a side track eating melons dropped where cars were loaded with melons, and went on the track in front of an approaching train at a flag station where side tracks were used for loading melons, etc.

Under the circumstances the judgment should be and is reversed for a new trial.

West, C. J., and Whitfield, Elias, Terrell and Strum, J. J., concur.

Reference

Full Case Name
Seaboard Air Line Railway Company, a Corporation, Plaintiff in Error, v. W. C. Grimes, Defendant in Error
Cited By
2 cases
Status
Published