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SEABOARD COAST LINE RAILROAD CO. v. McKELVEY

Nos. 70-1207, 71-3.

259 So.2d 777 (1972)

SEABOARD COAST LINE RAILROAD COMPANY, Appellant, v. Ross J. McKELVEY, Jr., and Dade County, Florida, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 18, 1972.

Attorney(s) appearing for the Case

Smathers & Thompson and Earl D. Waldin, Jr. and Harry L. Durant, Miami, for appellant.

Nichols & Nichols, Knight, Peters, Hoeveler, Pickle, Niemoeller & Flynn, Miami, for appellees.

Before BARKDULL, C.J., and PEARSON and CHARLES CARROLL, JJ.

BARKDULL, Chief Judge.

By this appeal, we are called upon to review the propriety of a trial court proceeding which resulted in a verdict of $500,000.00 and final judgment thereon in favor of the appellee, McKelvey, for the loss of a right arm midway between the shoulder and the elbow.

The plaintiff brought his action pursuant to the provisions of the Federal Employees Liability Act against the Railroad (as his employer) and against the appellee, Dade

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