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SEABOARD COAST LINE R. CO. v. HALKS

No. AH-417.

417 So.2d 282 (1982)

SEABOARD COAST LINE RAILROAD CO., Appellant, v. Tim HALKS, a Minor, by and through His Next Friend and Guardian Ad Litem, Aldine Feagle, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 11, 1982.

Attorney(s) appearing for the Case

Charles Vocelle, of Brannon, Brown, Norris, Vocelle, Haley, Brown & Robinson, P.A., Lake City, for appellant.

Stephen A. Smith, of Smith & Smith, P.A., Lake City, for appellee.

ROBERT P. SMITH, Jr., Chief Judge.

Seaboard appeals from a circuit court judgment assessing $5,200 in compensatory damages and $30,000 in punitive damages on a jury verdict for seven-year-old Tim Halks, who was injured when he fell upon plates of sharp metal spikes which Seaboard placed between the tracks on its railroad bridge over the Ichetucknee River. Ordinarily these menacing devices are used as cattle guards, but Seaboard installed them here to discourage children...

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