BYRON BRADLEY, APPELLANT,
v.
SEABOARD COAST LINE RAILROAD COMPANY, A FOREIGN CORPORATION, APPELLEE
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PER CURIAM.
The plaintiff Byron Bradley appeals an adverse final judgment entered upon a directed verdict in favor of the defendant Seaboard Coast Line Railroad Company in a personal injury action brought under the Federal Employers’ Liability Act [45 U.S.C. § 51 et seq.] before the Dade County Circuit Court. The plaintiff contends that it was error to direct a verdict against him because there was some evidence of employer negligence, however slight, which played a part in the injury which is the subject matter of this suit. We agree and reverse based on the following authorities: Rogers v. Missouri Pacific Railroad, 352 U.S. 500, 77 S.Ct. 443, 1 L.Ed.2d 493 (1957); Atlantic Coastline Railroad v. Barrett, 101 So. 2d 37 (Fla.1958); McCloskey v. Louisville & Nashville Railroad, 122 So. 2d 481 (Fla. 1st DCA 1960). See also McCalley v. Seaboard Coastline Railroad, 265 So. 2d 11 (Fla.1972). We find no merit in the plaintiff’s second contention on appeal.
The judgment appealed from is reversed and the cause remanded for a new trial.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Vecciarelli v. Johnson Ford, Inc., 356 So. 2d 1258 (Fla. 3d DCA 1978)…test we would necessarily apply in cases arising, for instance, under the Federal Employers’ Liability Act. Cf. such cases as Atlantic Coast Line Railroad Company v. Barrett, 101 So. 2d 37 (Fla.1958); Bradley v. Seaboard Coast Line Railroad Company, 355 So. 2d 177 (Fla. 3d DCA 1978), filed February 14, 1978; and McCloskey v. Louisville & Nashville Railroad Company, 122 So. 2d 481 (Fla. 1st DCA 1960). The directed verdict for the City of Hialeah and its insurer was also proper. The record is devoid of any dut…
Authorities Cited
- Rogers v. Mo. Pac. R.R. Co., 352 U.S. 500 (U.S. 1957)
- McGLOSKEY v. Louisville & Nashville R.R. Co., 122 So. 2d 481 (Fla. 1st DCA 1960)
- Lawrence v. Hastings, 101 So. 2d 37 (Fla. 1958)
- Atl. Coast Line R.R. Co. v. Barrett, 101 So. 2d 37 (Fla. 1958)
- McCALLEY v. Seaboard Coast Line R.R. Co., 265 So. 2d 11 (Fla. 1972)