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MASSEY v. SEABOARD AIR LINE RAILROAD COMPANY

No. 31530.

142 So.2d 296 (1962)

David MASSEY, Petitioner, v. SEABOARD AIR LINE RAILROAD COMPANY, a Foreign Corporation, Respondent.

Supreme Court of Florida.

Rehearing Denied July 2, 1962.

Attorney(s) appearing for the Case

John W. McWhirter, Jr., of Bucklew, Ramsey & Phillips, Tampa, for petitioner.

Morris E. White, and Marvin E. Barkin of Fowler, White, Gillen, Humkey & Trenam, Tampa, for respondent.

DREW, Justice.

Writ of certiorari has issued in this cause and argument has been heard on jurisdiction and merits. Petitioner first asserts conflict between this decision, sustaining summary judgment for the defendant railroad in a negligence action, and Brown v. Loftin, 154 Fla. 621, 18 So.2d 540, an application of the "standing train" doctrine, as subsequently modified. Hutton v. Atlantic Coast Line Railroad Co., Fla. 1957, 92 So.2d 528

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