ADAMS v. FLORIDA EAST COAST RAILWAY COMPANY

No. 65-131.

179 So.2d 374 (1965)

Paul ADAMS, Appellant, v. FLORIDA EAST COAST RAILWAY COMPANY, a Florida corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied November 17, 1965.


Attorney(s) appearing for the Case

Nichols, Gaither, Beckham, Colson & Spence and Robert J. Beckham, Miami, for appellant.

Bolles, Goodwin & Ryskamp, Miami, for appellee.

Before HENDRY, C.J., and CARROLL and SWANN, JJ.


HENDRY, Chief Judge.

This is an appeal by the plaintiff of an order granting the defendant judgment notwithstanding the verdict in a personal injury action brought as a result of an automobile-train collision.

At approximately 6:30 on a foggy January morning, plaintiff's car and defendant's train were involved in a collision. The car was on the railroad tracks and hit by the train at N.E. 142nd Street, which location is not a railroad crossing. Immediately...

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