MARTIN v. POWELL

No. 343.

101 So.2d 610 (1958)

John W. MARTIN, as Trustee of the Property of Florida East Coast Railway Company, Petitioner, v. Ross Wilson POWELL, Respondent.

District Court of Appeal of Florida. Second District.

Rehearing Denied April 16, 1958.


Attorney(s) appearing for the Case

Russell L. Frink, Samuel Kassewitz and Luke G. Galant, Jacksonville, and Shepard & Dykes, Cocoa, for petitioner.

Tom Waddell, Jr., and Herschel W. Carney, Melbourne, for respondent.


PATTISHALL, Associate Justice.

Petitioner is here seeking a writ of certiorari to review a judgment of the Circuit Court of Brevard County affirming, on appeal, a judgment of the Small Claims Court of Brevard County.

The action arose out of a collision between defendant's passing freight train and the automobile of plaintiff, as it stood on a platform or ramp at the defendant's station in Melbourne. The complaint alleges that some "heavy object" protruding...

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