BUTLER v. PHILY

No. 2111.

133 So.2d 337 (1961)

J. Turner BUTLER and William A. Hallowes, Trustees of the property of the Florida East Coast Railway Company, a Florida corporation, Appellants, v. Alice M. PHILY, widow of Fernand Maurice Phily, deceased, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied October 12, 1961.


Attorney(s) appearing for the Case

Harold B. Wahl, Jacksonville, and Brigham, Wright & Goodwin, Miami, for appellants.

Miller & Tucker, Fort Lauderdale, for appellee.


SMITH, D.C., Associate Judge.

This suit arose out of a railroad crossing collision. A jury trial resulted in a verdict in favor of the widow of the driver of an automobile which was hit, as it crossed the railroad tracks, by one of the defendants' trains.

The plaintiff predicates her right of recovery upon the defendants' failure to give adequate warning of the train's approach and defendants' failure to maintain the Railway Company's right of way immediately...

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