HORNE v. GEORGIA SOUTHERN & FLORIDA RAILWAY COMPANY

No. 27561.

421 F.2d 975 (1970)

L. D. HORNE, as Administrator of the Estate of Eula W. Horne, deceased, and Larry D. Horne, Plaintiffs-Appellees, v. GEORGIA SOUTHERN & FLORIDA RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 9, 1970.


Attorney(s) appearing for the Case

Talbot D'Alemberte, Scott, McCarthy, Steel, Hector & Davis, Miami, Fla., Mathews, Osborne & Ehrlich, Jacksonville, Fla., for defendant-appellant.

Aaron S. Podhurst, Robert Orseck, W. H. Beckham, Jr., Podhurst & Orseck, P. A., Miami, Fla., for plaintiffs-appellees.

Before JOHN R. BROWN, Chief Judge, and COLEMAN and CLARK, Circuit Judges.


COLEMAN, Circuit Judge.

This is a diversity action for damages, removed from the state court to the federal district court by the Georgia Southern and Florida Railway Company. Larry D. Horne filed two separate actions for the death of his wife: one for damages under the Florida Wrongful Death Statute, F.S. 768.01-02, F.S.A., and the other, as administrator of the estate, under the Florida Survival Statute, F.S. 46.021, formerly 45.11, F.S.A. Both complaints were predicated...

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