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FLORIDA EAST COAST RY. CO. v. S.E. BANK

Nos. 89-0613, 89-1098, and 89-3223.

585 So.2d 314 (1991)

FLORIDA EAST COAST RAILWAY COMPANY, Appellant/Cross-Appellee, v. SOUTHEAST BANK, N.A., As Guardian of the Property of Juan Cedillo, a Minor, and Maria Gonzales, Individually and As Guardian of the Person of Juan Cedillo, a Minor, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Fourth District.

Rehearing, Rehearing and Motion to Certify Question Denied October 3, 1991.

Attorney(s) appearing for the Case

John S. Wilbur of Coe & Broberg, Palm Beach, and Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., West Palm Beach, for appellant/cross-appellee.

Richard D. Schuler of Schuler, Wilkerson & Halvorson, P.A., and Philip M. Burlington of Edna L. Caruso, P.A., West Palm Beach, for appellees/cross-appellants.

Rehearing En Banc, Rehearing and Motion to Certify Question Denied October 3, 1991.

STONE, Judge.

We affirm a plaintiffs' judgment, based on a jury verdict for personal injuries incurred by Juan Cedillo, age 14, while trespassing on the defendant's train. We address two of several issues raised.

The accident occurred at 8:15 a.m. in the city of West Palm Beach while the train was engaged in a "switching" operation. The train, contrary to the provisions...

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