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SEABOARD SYSTEM R.R., INC. v. PEEPLES

No. 84-2283.

475 So.2d 916 (1985)

SEABOARD SYSTEM RAILROAD, INC., a Virginia Corporation, Appellant, v. Ruby Emogene PEEPLES, Individually and As Personal Representative of the Estate of Grady Ernest Peeples, Deceased, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 12, 1985.

Attorney(s) appearing for the Case

Ralph C. Dell and J.M. Crowder of Allen, Dell, Frank & Trinkle, Tampa, for appellant.

Donna Sumner Cox and Charlie Luckie, Jr., of Dayton, Sumner, Luckie & McKnight, P.A., Dade City, for appellee.

GRIMES, Acting Chief Judge.

Seaboard appeals from a $775,000 judgment entered against it in a wrongful death action.1 The decedent was killed in a railroad crossing accident.

Seaboard does not contend that there was no evidence upon which the jury could have found it negligent. Rather, it argues that the trial judge abused his discretion in refusing to order a new trial because the verdict was "against the manifest weight of the...

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