Myers v. Seaboard Air Line Railroad

District Court of Appeal of Florida

Myers v. Seaboard Air Line Railroad

202 So. 2d 624, 1967 Fla. App. LEXIS 4321

CourtDistrict Court of Appeal of Florida

DecidedSeptember 19, 1967

DocketNo. 1079

StatusPublished

Cited by2 cases

This text of 202 So. 2d 624 (Myers v. Seaboard Air 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.

Bluebook

Myers v. Seaboard Air Line Railroad, 202 So. 2d 624, 1967 Fla. App. LEXIS 4321 (Fla. Ct. App. 1967).

Pincite

Opinion

PER CURIAM.

This is an appeal by the plaintiff from an adverse jury verdict in an action arising out of a collision between a train and a motorcycle at a railroad crossing. The primary question for consideration is [625]*625whether, in the absence of a showing that a railroad crossing is extra hazardous, more than the statutorily required warning devices must be provided.

This question was answered in the negative by the Supreme Court in Atlantic Coast Line R. R. Co. v. Wallace, 1911, 61 Fla. 93, 54 So. 893, and the basis for the opinion in Wallace was more recently followed in McNulty v. Atlantic Coast Line R. R. Co., Fla.App.1966, 198 So.2d 876.

In view of the holding in these cases, it is our view that the judgment appealed should be affirmed.

ANDREWS, J., and SPECTOR, SAM, and NANCE, L. CLAYTON, Associate Judges, concur.

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