MARTIN v. SUSSMAN


82 So.2d 597 (1955)

John W. MARTIN, as Trustee of the Property of Florida East Coast Railway Company, Appellant, v. Lena SUSSMAN, Appellee.

Supreme Court of Florida. Special Division A.

September 30, 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 and William S. Frates, Miami, for appellee.


ROBERTS, Justice.

This is an appeal by the defendant railroad company from an order of the lower court granting a new trial to the plaintiff, after a jury verdict in favor of the defendant, in plaintiff's suit to recover damages for the death of her daughter in a railroad crossing accident. The trial judge granted the new trial because, in his opinion, it was harmful error to charge the jury on the "last clear chance" and also because he thought the verdict was against...

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