FLORIDA EAST COAST RAILWAY COMPANY, A FLORIDA CORPORATION, PLAINTIFF IN ERROR,
v.
KATE Y. FLYNN, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a jury verdict and judgment for the plaintiff, holding that the evidence did not support a finding of actionable negligence by the defendant railway company.
No, the evidence showed that the defendant was not guilty of any actionable negligence.
“In this case the plaintiff in the court below sued the Florida East Coast Railway Company for damages alleged to have been suffered by plaintiff because of injuries inflicted upon plaintiff by defendant in the negligent operation of its steam locomotive.”
Describes the nature of the lawsuit.
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In this case the plaintiff in the court below sued the Florida East Coast Railway Company for damages alleged to have been suffered by plaintiff because of injuries inflicted upon plaintiff by defendant in the negligent operation of its steam locomotive.
The evidence shows that the defendant was guilty of no actionable negligence.
There was a motion at the conclusion of the introduction of evidence for a directed verdict in favor of the defendant which was erroneously denied.
The verdict and judgment was in favor of plaintiff.
*466The judgment should be reversed on authority of the opinion and judgment in the case of Covington vs. S. A. L. Ry. Co., 99 Fla. 1102, 128 Sou. 426, and authorities there cited.
It is so ordered.
Reversed.
Whitfield, Ellis, Terrell and Davis, J.J., concur.
Brown, J., disqualified.
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Citator
Cited By
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O'Keefe v. Turner Butler and William A. Hallowes, III, 126 So. 2d 764 (Fla. 1st DCA 1961)…owell v. Gary, 146 Fla. 334, 200 So. 854; Cline v. Powell, 141 Fla. 119, 192 So. 628; Anderson v. Crawford, 111 Fla. 381, 149 So. 656; Covington v. Seaboard Air Line R. Co., 99 Fla. 1102, 128 So. 426, followed in Florida East Coast Ry. Co. v. Flynn, 106 Fla. 465, 143 So. 405; Germak v. Florida East Coast Ry. Co., 95 Fla. 991, 117 So. 391; Southern Railroad Co. v. Mann, 91 Fla. 948, 108 So. 889; Atlantic Coast-Line R. Co. v. Weir, 63 Fla. 69, 74, 58 So. 641, 41 L.R.A.,N.S., 307, Ann.Cas. 1914A, 126; Louisvil…1 / 2
Authorities Cited
- Covington v. Seaboard Air Line Ry. Co., 99 Fla. 1102 (Fla. 1930)