LEE v. LOUISVILLE & NASHVILLE R.R. COMPANY

No. U-124.

308 So.2d 157 (1975)

Ebbin A. LEE and Joyce Jacquelyn Lee, Husband and Wife, Appellants, v. LOUISVILLE & NASHVILLE RAILROAD COMPANY, a Railroad Corporation, and Bonded Transportation, Inc., a Corporation, Appellees.

District Court of Appeal of Florida, First District.

February 20, 1975.


Attorney(s) appearing for the Case

R.P. Warfield of Levin, Warfield, Middlebrooks, Graff, Mabie & Rosenbloum, Pensacola, for appellants.

Donald H. Partington of Harrell, Wiltshire, Bozeman, Clark & Stone, Pensacola, for appellees.


MILLS, Judge.

Appellants, plaintiffs below, appeal from a judgment in appellee's favor in a wrongful death action.

The question raised by this appeal is whether the applicability of the comparative negligence rule may be raised for the first time by brief on appeal.

On 7 February 1970, plaintiffs' minor son was killed in an accident. The wrongful death suit was commenced on 4 February 1972. The jury trial was concluded on 31 January 1973 by a verdict...

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