Loftin v. McGregor, (1943)
Court: Supreme Court of Florida
Number:
Visitors: 7
Judges: PER CURIAM:
Attorneys: Loftin, Calkins, Anderson Scott, Russell L. Frink and John H. Wahl, Jr., for appellants.
Knight Green and E.F.P. Brigham, for appellee.
Filed: Feb. 19, 1943
Latest Update: Mar. 02, 2020
Summary: Plaintiff recovered a judgment for injuries sustained by reason of his car colliding with defendant's train. The collision occurred in the City of Miami where 7th Avenue traverses the double tracks of defendant at right angles. The crossing is at street level and, at the time this accident occurred, was protected by the statutory cross arm signal (Section 351.03 , Florida Statutes, 1941) which carries the legend "Railroad Crossing. Look out for the Cars." The concrete surfaced avenue is 30 feet
Summary: Plaintiff recovered a judgment for injuries sustained by reason of his car colliding with defendant's train. The collision occurred in the City of Miami where 7th Avenue traverses the double tracks of defendant at right angles. The crossing is at street level and, at the time this accident occurred, was protected by the statutory cross arm signal (Section 351.03 , Florida Statutes, 1941) which carries the legend "Railroad Crossing. Look out for the Cars." The concrete surfaced avenue is 30 feet w..
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I agree, in part, with each of the opinions as prepared by Chief Justice Buford and Mr. Justice Adams. It is my view that the case should be reversed for a new trial. Evidence of previous accidents and hazards at the involved railroad crossing should not have been admitted into evidence over the objection of counsel, but if admitted, an opportunity should have been granted the appellant to rebut the same by showing that the operation of its train and the crossing conditions did not cause these several crossing accidents. The amount of the verdict and judgment, in my opinion, is excessive. Undoubtedly
the jury in its rendition were actuated by motivesdehors the record. The proximate cause of the injury, in my opinion, is a jury question under appropriate instructions and controlled by our previous holding in Atlantic Coast Line R. Co. v. Watkins, 97 Fla. 350, 121 So. 95.
BUFORD, J., concurs.
Source: CourtListener
