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WELFARE v. SEABOARD COAST LINE R.R. CO.

No. 52847.

373 So.2d 886 (1979)

Betty Raye WELFARE et al., Petitioners, v. SEABOARD COAST LINE RAILROAD COMPANY, etc., Respondent.

Supreme Court of Florida.

Rehearing Denied August 30, 1979.

Attorney(s) appearing for the Case

Robert Orseck, Walter H. Beckham, Jr., and Joel D. Eaton of Podhurst, Orseck & Parks, Miami, and Chandler, O'Neal, Gray, Lang & Haswell, Gainesville, for petitioners.

William R. Swain of Webb, Swain & Watson, Jacksonville, for respondent.

R.J. Beckham of Beckham, McAliley & Proenza, Jacksonville, for Jacksonville Trial Lawyers Association, amicus curiae.

DuBose Ausley and William M. Smith, of Ausley, McMullen, McGehee, Carothers & Proctor, Tallahassee, for Florida Railroad Association, amicus curiae.

Bill Wagner of Wagner, Cunningham, Vaughan, Hapner & Genders, Tampa, for Academy of Florida Trial Lawyers, amicus curiae.

PER CURIAM.

This is another of the perplexing cases regarding the proximate cause of a railroad crossing accident. We exercise our jurisdiction under article V, section 3(b)(3), Florida Constitution, and quash the district court opinion.*

The facts as set forth by the district court in Seaboard Coast Line Railroad v. Welfare, 350 So.2d 476, 477 (Fla. 1st DCA 1977), are as follows:

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