BUTLER v. SMITH

No. 57-332.

104 So.2d 868 (1958)

J. Turner BUTLER and William A. Hallowes III, Trustees of the Property of Florida East Coast Railway Company, a Florida Corporation, Appellants, v. Bert SMITH, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied September 29, 1958.


Attorney(s) appearing for the Case

Scott, McCarthy, Preston, Steel & Gilleland, and Dwight Sullivan, Miami, for appellants.

Nichols, Gaither, Green, Frates & Beckham, and Sam Daniels, Miami, for appellee.


HORTON, Judge.

This was an action for personal injuries brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. Final judgment in favor of the appellee was entered after a jury verdict. The appeal is from the final judgment.

Smith, 61 years of age, had been in the employ of the appellant railroad for approximately 37 years. For the last five or six years of his employment, Smith had been a flagman on passenger trains. His duties as...

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