CROSS v. ATLANTIC COAST LINE RAILROAD COMPANY

No. H-61.

190 So.2d 21 (1966)

Cedric James CROSS, a Minor by His Father and Next Friend, Jessie Cross, and Jessie Cross, Individually, Appellants, v. ATLANTIC COAST LINE RAILROAD COMPANY, a Corporation, Appellee.

District Court of Appeal of Florida. First District.

Rehearing Denied October 4, 1966.


Attorney(s) appearing for the Case

William B. Dawson, III, and Gerald R. Hart, Jacksonville, for appellants.

William H. Maness, Jacksonville, for appellee.


JOHNSON, Judge.

This is an appeal from an order setting aside a verdict and judgment and granting a new trial.

The facts are, the appellee's train goes through a residential section of Duval County, where there are a number of children who play near and on the tracks of appellee. On the occasion in question, several children, including the appellant, Cedric James Cross, a minor, were playing near the track when the appellee's train came through. The evidence...

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