Mothershed v. Atlantic Coast Line R.

Supreme Court of Florida
Mothershed v. Atlantic Coast Line R., 64 So. 2d 266 (Fla. 1953)
1953 Fla. LEXIS 1176
Drew, Hobson, Mathews, Roberts, Sebring, Terrell, Thomas

Mothershed v. Atlantic Coast Line R.

Opinion of the Court

PER CURIAM.

Affirmed.

TERRELL, THOMAS, SEBRING and ROBERTS, JJ., concur. HOBSON, C. J., and DREW, J., dissent. MATHEWS, J., not participating.

Dissenting Opinion

DREW, Justice

(dissenting).

In Seaboard Air Line Railway Co. v. Martin, Fla., 56 So.2d 509, we held that the lower court properly instructed the jury on the doctrine of the last clear chance. We further held that such doctrine applied even though the comparative negli*267gence rule was applicable. In that case we said, β€œthe train almost missed the truck and the difference of a split second meant the difference between life and death.” The facts in this case are almost identical to the facts in the above quoted case. In my view, the charge was not only warranted but the denial of it was prejudicial to the plaintiff. I would reverse the judgment for a new trial.

Reference

Full Case Name
Chalmers T. MOTHERSHED v. ATLANTIC COAST LINE R. CO., a corporation, and C. J. Peckham
Status
Published