Denton v. Atlantic & St. Andrews Bay Railway Co.
Denton v. Atlantic & St. Andrews Bay Railway Co.
Opinion of the Court
Writ of error brings for review judgment in favor of defendant on demurrer sustained to an amended declaration wherein plaintiff sought to recover damages for injury alleged to have been sustained as the result of a collision between plaintiff’s automobile, which plaintiff was 'driving on the public highway, and a box car standing in a train of cars on defendant’s tracks and across and obstructing the highway.
We have examined the amended declaration and find that its allegations are sufficient to show that plaintiff’s own negligence in the operation of his automobile was the proximate cause of the injury and that it fails to allege actionable negligence on the part of defendant. See Kimball v. A. C. L. Ry. Co., 132 Fla. 235, 181 Sou. 533. See also Clark v. A. C. L. Ry. Co., filed this day and authorities therein cited. Also see Cline, as Administratrix, etc., v. Powell, et al., as Receivers of Seaboard Air Line Railway Co., filed this day.
Judgment is affirmed.
So ordered.
Reference
- Full Case Name
- Ernest R. Denton v. Atlantic & St. Andrews Bay Railway Company
- Cited By
- 5 cases
- Status
- Published