APALACHICOLA NORTHERN RAILROAD COMPANY v. TYUS

No. A-303.

114 So.2d 33 (1959)

APALACHICOLA NORTHERN RAILROAD COMPANY, a corporation organized and existing under and by virtue of the Laws of the State of Florida, Appellant, v. Doris TYUS, Appellee.

District Court of Appeal of Florida. First District.

Rehearing Denied August 3, 1959.


Attorney(s) appearing for the Case

Hall, Hartwell & Douglass, Tallahassee, for appellant.

Clyde W. Atkinson, Tallahassee, for appellee.


STURGIS, Chief Judge.

This is an appeal from a railroad crossing accident case in which the jury returned a verdict of $53,230 in favor of the widow of the driver of a truck which collided with one of the defendant company's trains. The defendant, appellant here, contends: (1) That the evidence showed that the negligence of the plaintiff's decedent was the sole proximate cause of the accident; (2) that plaintiff's attorney was guilty of making improper and prejudicial...

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