Atlantic Coast Line Railroad v. Felder

District Court of Appeal of Florida

Atlantic Coast Line Railroad v. Felder

151 So. 2d 298, 1963 Fla. App. LEXIS 3514

CourtDistrict Court of Appeal of Florida

DecidedMarch 26, 1963

DocketNo. 62-420

StatusPublished

This text of 151 So. 2d 298 (Atlantic Coast Line Railroad v. Felder) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Atlantic Coast Line Railroad v. Felder, 151 So. 2d 298, 1963 Fla. App. LEXIS 3514 (Fla. Ct. App. 1963).

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Opinion

PER CURIAM.

The appellant railway company appeals a judgment based on a jury verdict rendered for the appellee, who sued appellant for damages for personal injuries received in a collision between a train and a motor vehicle he was operating. Having heard oral argument and considered the record and briefs with reference to the several points urged by appellant, we conclude that reversible error has not been demonstrated, and affirm the judgment. A principal contention of appellant was that the plaintiff was negligent and that his negligence was the sole proximate cause of his injuries. On the evidence, the questions of negligence of the parties and of proximate causation were jury questions which were properly and fairly submitted to the jury for determination. The cases of Atlantic Coast Line R. Co. v. Price, Fla.1950, 46 So.2d 481, and Atlantic Coast Line R. Co. v. Walker, Fla.App. 1959, 113 So.2d 420, cited and relied on by appellant, are not considered in point because of factual differences. On reading the court’s charges we conclude the trial judge was not in error in rejecting certain requested charges. We find no er[299]*299ror in the charges given by the court which were singled out by appellant. The verdict was not shown to be excessive so as to warrant interference on appeal.

Affirmed.

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PER CURIAM.

The appellant railway company appeals a judgment based on a jury verdict rendered for the appellee, who sued appellant for damages for personal injuries received in a collision between a train and a motor vehicle he was operating. Having heard oral argument and considered the record and briefs with reference to the several points urged by appellant, we conclude that reversible error has not been demonstrated, and affirm the judgment. A principal contention of appellant was that the plaintiff was negligent and that his negligence was the sole proximate cause of his injuries. On the evidence, the questions of negligence of the parties and of proximate causation were jury questions which were properly and fairly submitted to the jury for determination. The cases of Atlantic Coast Line R. Co. v. Price, Fla.1950, 46 So.2d 481, and Atlantic Coast Line R. Co. v. Walker, Fla.App. 1959, 113 So.2d 420, cited and relied on by appellant, are not considered in point because of factual differences. On reading the court’s charges we conclude the trial judge was not in error in rejecting certain requested charges. We find no er[299]*299ror in the charges given by the court which were singled out by appellant. The verdict was not shown to be excessive so as to warrant interference on appeal.

Affirmed.

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Bluebook (online)

151 So. 2d 298, 1963 Fla. App. LEXIS 3514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atlantic-coast-line-railroad-v-felder-fladistctapp-1963.

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