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FLORIDA EAST COAST RAILWAY COMPANY v. HAYWOOD

No. 62-25.

145 So.2d 533 (1962)

FLORIDA EAST COAST RAILWAY COMPANY, a Florida Corporation, Appellant, v. Elizabeth HAYWOOD, Guardian of the Property of Moses Flowers, Appellee.

District Court of Appeal of Florida. Third District.

September 18, 1962.

Attorney(s) appearing for the Case

Bolles & Prunty, Miami, for appellant.

Sams, Anderson, Alper & Spencer and Sam Daniels, Miami, for appellee.

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

PEARSON, TILLMAN, Chief Judge.

This case arose out of an accident which occurred at the crossing of defendant's railroad tracks at South Swinton Avenue in Delray Beach, Florida. Moses Flowers, the plaintiff's ward, was a passenger in his employer's truck. Attempting to avoid a collision with an oncoming train, the driver of the truck applied the brakes but stopped with the front wheels of the truck on the tracks. The train crashed into the truck and Flowers was seriously...

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