ATLANTIC COAST LINE RAILROAD COMPANY
v.
T. W. MCILVAINE, AS ADMINISTRATOR CUM TESTAMENTO ANNEXO DE BONIS NON OF THE ESTATE OF J. H. BROWN SCHEUYEAULLE, DECEASED
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This case, appearing for the third time before the Florida Supreme Court, involves a plaintiff who recovered a $1,000 judgment against the railroad company. The court affirmed the judgment, finding no reversible error and reiterating that the evidence presented was sufficient to warrant recovery, consistent with prior rulings.
No, there was no reversible error. The evidence was sufficient to warrant recovery, consistent with previous findings by the court.
“The law of the case has been enunciated in the opinions above referred to and we find no good reason to further discuss the issues presented.”
This quote establishes that the court's prior rulings on the legal issues were controlling and did not need to be re-litigated.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff, as administrator of an estate, sued the Atlantic Coast Line Railroad Company and recovered a verdict and judgment of $1,000.00 plus cos…
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This is the third appearance of this case in the Supreme Court. See A. C. L. Ry. Co. v. Webb, 112 Fla. 449, 150 Sou. 741; A. C. L. Ry. Co. v. McIlvaine, 121 Fla. 78, 163 Sou. 496. After the suit was tried under the title of A. C. L. Ry. Co. v. Webb, McIlvaine, as administrator, was substituted for Webb.
The law of the case has been enunciated in the opinions above referred to and we find no good reason to further discuss the issues presented.
Upon the last trial the plaintiff, appellee here, recovered verdict and judgment in the sum of $1,000.00 and costs.
There is practically no difference between the evidence submitted as shown by the record in this case and that as shown by the records heretofore presented to the Court and on each occasion when we considered the case here*342tofore we, in effect, held the evidence sufficient to warrant recovery.
An examination of the entire record discloses no reversible error and, therefore, the judgment should be affirmed.
It is so ordered.
Affirmed.
Ellis, C. J., and Terrell and Buford, J. J., concur.
Whitfield, P. J., and Brown and Chapman, J. J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Atl. Coast Line R.R. Co. v. Cora Garrett Webb, 112 Fla. 449 (Fla. 1933)
- Atl. Coast Line R.R. Co. v. McIlvaine, 121 Fla. 78 (Fla. 1935)