SMITH v. FLORIDA EAST COAST RAILWAY COMPANY

No. 62-466.

151 So.2d 70 (1963)

Bert SMITH, Appellant, v. FLORIDA EAST COAST RAILWAY COMPANY, a Florida corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied April 4, 1963.


Attorney(s) appearing for the Case

Frates & Fay, Miami, for appellant.

Bolles & Prunty and David C. Goodwin, Miami, for appellee.

Before CARROLL, HORTON and HENDRY, JJ.


HORTON, Judge.

Appellant, plaintiff below in a contract action, seeks review of an adverse summary final judgment.

Appellant had been employed by the appellee railroad as a flagman for approximately 37 years. For some time he had suffered from arthritis and obesity. In the early part of 1956, a trainmaster of the appellee observed appellant's handicapped condition and questioned his ability to perform the duties of a flagman. The appellee then authorized a...

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