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McCALLEY v. SEABOARD COAST LINE RAILROAD COMPANY

No. 70-727.

252 So.2d 275 (1971)

W.D. McCALLEY, Appellant, v. SEABOARD COAST LINE RAILROAD COMPANY, a Virginia Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 30, 1971.

Attorney(s) appearing for the Case

Alan R. Schwartz, of Horton & Schwartz, and Henry & Stroemer, Miami, for appellant.

Harlan Tuck, of Giles Hedrick & Robinson, Orlando, for appellee.

WALDEN, Judge.

Plaintiff, W.D. McCalley, sued the defendant railroad for damages based on the railroad's alleged violation of the Safety Appliance Act, 45 U.S.C.A. § 2. Based on jury verdict, final judgment was entered in the trial court for the railroad. Plaintiff appeals saying that under the provisions of the act he was, as a matter of law, entitled to a directed verdict in his favor. Secondly, plaintiff is aggrieved because of the employment of certain jury...

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