UNDERWOOD v. SEABOARD COAST LINE RAILROAD CO.

No. 68-72.

214 So.2d 371 (1968)

Mrs. Charlie Lou UNDERWOOD, a Widow, Appellant, v. SEABOARD COAST LINE RAILROAD COMPANY, a Virginia Corporation, Successor to Atlantic Coast Line Railroad Company, a Virginia Corporation, Appellee.

District Court of Appeal of Florida. Second District.

September 27, 1968.


Attorney(s) appearing for the Case

Thomas C. Marks, Jr., of Gibbons, Tucker, McEwen, Smith & Cofer, Tampa, for appellant.

Richard W. Reeves, of Allen, Dell, Frank & Trinkle, Tampa, for appellee.


MANN, Judge.

Plaintiff's husband was killed when his car ran into a train at a rural crossing. She appeals an adverse summary judgment in her wrongful death action.

The only substantial disputed issue of fact is relevant to whether the last clear chance doctrine might apply. Several witnesses testified that decedent slowed down and appeared to be barely moving before running into the front of the moving train. One witness, who may not have had as good a view...

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