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SEABOARD COAST LINE RAILROAD COMPANY v. KUBALSKI

No. 74-1705.

323 So.2d 32 (1975)

SEABOARD COAST LINE RAILROAD COMPANY, Appellant, v. Mary S. KUBALSKI, Administratrix of the Estate of Leonard Kubalski, Deceased, Appellee.

District Court of Appeal of Florida, Fourth District.

December 12, 1975.

Attorney(s) appearing for the Case

William H. Davis and Frederick J. Ward, of Giles, Hedrick & Robinson, Orlando, for appellant.

Charles A. Tabscott of Troutman & Parrish, Winter Park, for appellee.

WALDEN, Chief Judge.

Plaintiff's decedent was killed when an Eastern Seaboard Railway train collided with his pickup truck. Decedent was stopped on a railroad track because of traffic backed up from a red light. The jury found decedent 60% negligent and the railway 40% negligent. Decedent's estate was awarded $130,000 in gross. Defendant railway has appealed. We reverse and remand for a new trial on the grounds that certain evidence was improperly and prejudicially...

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