Combs v. Atlantic Coast Line Railroad

District Court of Appeal of Florida

Combs v. Atlantic Coast Line Railroad

112 So. 2d 855, 1959 Fla. App. LEXIS 2957

CourtDistrict Court of Appeal of Florida

DecidedJune 9, 1959

DocketNo. A-46

StatusPublished

Cited by1 cases

This text of 112 So. 2d 855 (Combs v. Atlantic Coast Line Railroad) 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.

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Combs v. Atlantic Coast Line Railroad, 112 So. 2d 855, 1959 Fla. App. LEXIS 2957 (Fla. Ct. App. 1959).

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Opinion

PER CURIAM.

In this suit, filed by an employee against the railroad under the Federal Employers’ Liability Act (45 U.S.C.A. § 51 et seq.), the trial judge, after discharging the jury, which had been unable to agree upon a verdict, granted the appellee-railroad’s motion for directed verdict and entered a final judgment for the appellee based upon such directed verdict. The appellant appeals and contends that there was sufficient substantial evidence at the trial from which the jury could have lawfully found the appellee liable under the Federal Act. We have examined the record and agree that this contention is sound under the liberal doctrines recognized under that act by the Florida Supreme Court in Atlantic Coast Line R. Co. v. Barrett, 101 So.2d 37, and by many federal courts. The judgment appealed from is therefore reversed with directions for a new trial of the issues.

STURGIS, C. J., and CARROLL, DONALD K., and WIGGINTON, JJ., concur.

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PER CURIAM.

In this suit, filed by an employee against the railroad under the Federal Employers’ Liability Act (45 U.S.C.A. § 51 et seq.), the trial judge, after discharging the jury, which had been unable to agree upon a verdict, granted the appellee-railroad’s motion for directed verdict and entered a final judgment for the appellee based upon such directed verdict. The appellant appeals and contends that there was sufficient substantial evidence at the trial from which the jury could have lawfully found the appellee liable under the Federal Act. We have examined the record and agree that this contention is sound under the liberal doctrines recognized under that act by the Florida Supreme Court in Atlantic Coast Line R. Co. v. Barrett, 101 So.2d 37, and by many federal courts. The judgment appealed from is therefore reversed with directions for a new trial of the issues.

STURGIS, C. J., and CARROLL, DONALD K., and WIGGINTON, JJ., concur.

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112 So. 2d 855, 1959 Fla. App. LEXIS 2957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/combs-v-atlantic-coast-line-railroad-fladistctapp-1959.

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