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GEORGIA SOUTHERN & FLORIDA RY. CO. v. SEVEN-UP BOTT. CO. S.E. GEORGIA

No. 33343.

175 So.2d 39 (1965)

GEORGIA SOUTHERN AND FLORIDA RAILWAY COMPANY, a corporation, Appellant, v. SEVEN-UP BOTTLING COMPANY OF SOUTHEAST GEORGIA, Inc., a corporation, Appellee.

Supreme Court of Florida.

May 12, 1965.

Attorney(s) appearing for the Case

Mathews, Osborne & Ehrlich, Jacksonville, for appellant.

Howell, Kirby, Montgomery & Sands, Jacksonville, for appellee.

Charles S. Ausley, of Ausley, Ausley, McMullen, O'Bryan, Michaels & McGehee, Tallahassee, for amicus curiae.

ROBERTS, Justice.

This is a direct appeal from a judgment which, inter alia, passed directly upon the validity of Section 768.06, Florida Statutes, F.S.A., and held that it was immune to the attacks made thereon by the appellant.

The statute in question, sometimes known as the "comparative negligence" statute, provides that

"No person shall recover damages from a railroad company for injury to himself or his property, where the same is done by his...

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