LOFTIN v. NOLIN


86 So.2d 161 (1956)

Scott M. LOFTIN et al., Appellants, v. Ozie Lee NOLIN, a widow, Appellee.

Supreme Court of Florida. En Banc.

February 10, 1956.


Attorney(s) appearing for the Case

Loftin, Anderson, Scott, McCarthy & Preston, Don G. Nicholson, Miami, and Russell L. Frink, Jacksonville, for appellants.

Fowler, White, Gillen, Yancey & Humkey, Walter Humkey and Henry Burnett, Miami, for appellee.


ROBERTS, Justice.

This is a railroad crossing accident case in which the jury returned a verdict in plaintiff's favor, and the defendant railroad company has appealed. The defendant here contends (1) that the evidence showed that the negligence of the plaintiff's decedent was the sole proximate cause of the accident and (2) that the lower court erred in charging the jury on the doctrine of the last clear chance. The defendant's first contention cannot be sustained...

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