A. J. STOWERS, PLAINTIFF IN ERROR,
v.
ATLANTIC COAST LINE RAILROAD COMPANY, A CORPORATION, DEFENDANT IN ERROR

Fla. | 1932-07-08
Whitfield, Ellis, Terrell and Davis, J.J., concur., Brown, J., dissents.
106 Fla. 102 Florida Supreme Court (1932) Positive Treatment
Also reported at: 142 So. 882
Cited by 10 cases
Opinion of the Court
Buford, C. J.

Buford, C. J.

This was a suit to recover damages for personal injuries'received when an automobile in which the plaintiff was a passenger was driven into collision with a train of cars standing on the tracks of the Atlantic Coast Line Eailroad Company obstructing a highway crossing.

Demurrer was filed to the- original and to- the amended declaration and was sustained. The plaintiff in the court below refusing to further amend, judgment was entered on demurrer and writ of error was sued out.

The judgment should be affirmed on authority of the opinion and judgment in the case of Key West Electric Co. vs. Albury, 91 Fla. 695, 109 Sou. 223, and cases there -cited. It is so -ordered.

Affirmed.

Whitfield, Ellis, Terrell and Davis, J.J., concur.

Brown, J., dissents.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Poindexter v. Seaboard Air Line R. Co., 56 So. 2d 905 (Fla. 1951)
    …e, although a light rain had been falling. Counsel for appellees contend that the ruling of the lower court is sustained by the following authorities: Key West Electric Co. v. Albury, 91 Fla. 695, 109 So. 223; Stowers v. Atlantic Coast Line R. Co., 106 Fla. 102, 142 So. 882; Rayam v. Atlantic Coast Line R. Co., 119 Fla. 386, 161 So. 415; Kimball v. Atlantic Coast Line R. Co., 132 Fla. 235, 181 So. 533; Woods v. Atlantic Coast Line R. Co., 100 Fla. 909, 130 So. 601; Cline v. Powell, 141 Fla. 119, 192 So. 62…
  • Clark v. Atl. Coast Line R.R. Co., 141 Fla. 155 (Fla. 1939)
    …or his own negligence, he cannot recover under the statute. Section 7052 (4965) C. G. L. We think the case at bar is ruled by Key West Electric Co. v. Albury, 91 Fla. 695, 109 So. 223.” See also Stowers v. Atlantic Coast Line Ry. Co., 106 Fla. 102, 142 So. 882; Rayam v. Atlantic Coast Line Railroad Co., 119 Fla. 386, 161 So. 415. In the light of the authority of these cases, the judgment of the trial court should be affirmed. It is so ordered. [*160] Terrell, C. J., and Whitfield, Buford, Chapman and Th…
  • Good v. Atl. Coast Line R. Co., 142 F.2d 46 (5th Cir. 1944)
    …driving his automobile at such a speed that he could not stop it before hitting a freight car standing in the middle of the street. Rayam v. Atlantic Coast Line R. Co., 119 Fla. 386, 161 So. 415; Stowers v. Atlantic Coast Line R. Co., 106 Fla. 102, 142 So. 882; Kimball v. Atlantic Coast Line R. Co., 132 Fla. 235, 181 So. 533; Clark v. Atlantic Coast Line R. Co., 141 Fla. 155, 192 So. 621; Denton v. Atlantic & St. Andrews Bay R. Co., 141 Fla. 153, 192 So. 624; Smith v. Southern R. Co., 5 Cir., 53 F. 2d 186…

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