SEABOARD COAST LINE RAILROAD CO. v. NIEUWENDAAL

No. 70-739.

253 So.2d 451 (1971)

SEABOARD COAST LINE RAILROAD COMPANY and Farrell W. Bassett, Appellants, v. Herman NIEUWENDAAL and Wife, Josephine Nieuwendaal, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 11, 1971.


Attorney(s) appearing for the Case

Ralph C. Dell, of Allen, Dell, Frank & Trinkle, Tampa, for appellants.

Rood & Hapner, and David A. Maney, Tampa, for appellees.


HOBSON, Judge.

Appellants appeal a final judgment based on a jury verdict in which appellees recovered damages against appellants resulting from a collision one-half hour before sunrise between appellees' automobile and defendant's train.

The trial court allowed the introduction into evidence of Florida Statute § 357.08, F.S.A., which by its terms requires a train which is engaging in a switching operation at a time and place such as involved in the instant...

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