MARTIN v. JOHNSTON


79 So.2d 419 (1955)

John W. MARTIN, as Trustee of the property of Florida East Coast Railway Company, Appellant, v. James E. JOHNSTON, Appellee.

Supreme Court of Florida. Special Division A.

April 6, 1955.


Attorney(s) appearing for the Case

Anderson, Scott, McCarthy & Preston, Dwight Sullivan, Miami, and Russell L. Frink, Jacksonville, for appellant.

Nichols, Gaither, Green, Frates & Beckham, William S. Frates, Walter H. Beckham, Jr., and Sam Daniels, Miami, for appellee.


SEBRING, Justice.

This is an appeal from a final judgment entered in favor of the plaintiff in a personal injury action for damages arising out of an accident which occurred at a country railroad crossing when the track motor-car of the railroad company which the plaintiff was operating was derailed after running into some dirt and rocks which had been pushed onto the rails by a county road scraper.

The accident was caused by the failure of the hand brakes...

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