DAVIS v. FLORIDA EAST COAST RAILWAY COMPANY

No. 61-339.

138 So.2d 97 (1962)

John W. DAVIS, Appellant, v. FLORIDA EAST COAST RAILWAY COMPANY, a Florida Corporation, Appellee.

District Court of Appeal of Florida. Third District.

February 26, 1962.


Attorney(s) appearing for the Case

Nichols, Gaither, Beckham, Colson & Spence, Miami, and Alan R. Schwartz, Miami Beach, for appellant.

Bolles & Prunty and Richard M. Winokur, Miami, for appellees.

Before PEARSON, TILLMAN, C.J., and HORTON and BARKDULL, JJ.


PER CURIAM.

The plaintiff in an action under the Federal Employers' Liability Act being dissatisfied with the amount of his recovery appeals the final judgment. He assigns as error the denial of his motion for a directed verdict upon the issue of contributory negligence. The trial judge did rule that the defendant was liable under the act, but submitted the issue of contributory negligence to the jury. Appellant urges that under the comparative negligence rule applicable...

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