Judges: PER CURIAM.
Attorneys: Altman Cooper, for Plaintiff in Error;
T. Paine Kelly, for Defendant in Error.
Filed: Jul. 27, 1936
Latest Update: Mar. 02, 2020
Summary: J.M. Coon brought an action at law against the Atlantic Coast Line Railroad Company, under Section 7049 C.G.L., for the wrongful death of Tressor Lee Coon, plaintiff's minor son. The first count of the amended declaration alleged in substance that the defendant as a common carrier was on May 26, 1933, operating a steam surface railroad over a line of track in Plant City, Hillsborough County, Florida, about one-eighth of a mile east of its station crossing Maryland Avenue; that about 6:20 A.M. on
Summary: J.M. Coon brought an action at law against the Atlantic Coast Line Railroad Company, under Section 7049 C.G.L., for the wrongful death of Tressor Lee Coon, plaintiff's minor son. The first count of the amended declaration alleged in substance that the defendant as a common carrier was on May 26, 1933, operating a steam surface railroad over a line of track in Plant City, Hillsborough County, Florida, about one-eighth of a mile east of its station crossing Maryland Avenue; that about 6:20 A.M. on ..
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I concur on the ground that the plaintiff was not in his present capacity a party to the Federal court adjudication, therefore the estoppel of that adjudication can only reach him under the exceptional circumstances pointed out in McGregor v. Provident Trust Co., 119 Fla. 718, 162 Sou. Rep. 323, where an estoppel might arise in some cases against a party not a formal party of record in a prior litigation. But the plea in this case is pure plea of res judicata and as such does not measure up to the exception, above mentioned. Nor does it appear that it can be amended to do so in view of the nature of the case.
