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RUSSELL v. MARTIN

88 So.2d 315 (1956)

Melbourne Lee Russell, Appellant, v. John W. MARTIN, as Trustee of the property of the Florida East Coast Railway Company, Appellee.

Supreme Court of Florida, Division A.

Rehearing Denied July 9, 1956.

Attorney(s) appearing for the Case

George B. Mehlman and George H. Butler, West Palm Beach, for appellant.

Anderson, Scott, McCarthy & Preston, William B. Killian, Miami, Russell L. Frink, Jacksonville, and Robert H. Anderson, Miami, for appellee.

TERRELL, Justice.

Appellant, hereinafter referred to as Russell, instituted this suit against appellee, hereinafter referred to as the Railroad, to recover damages for negligently striking and killing plaintiff's minor son, Michael Lee Russell, while riding his bicycle along the tracks and over the crossing of the Railroad, within the corporate limits of the Town of Lantana, Florida. The acts of negligence alleged were: Defendant ran its train at a high and dangerous...

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