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Underwood v. Seaboard Coast Line Railroad

District Court of Appeal of Florida, Second District
Sep 27, 1968
214 So. 2d 371 (Fla. Dist. Ct. App. 1968)

Opinion

No. 68-72.

September 27, 1968.

Appeal from the Circuit Court, Polk County, A.H. Lane, J.

Thomas C. Marks, Jr., of Gibbons, Tucker, McEwen, Smith Cofer, Tampa, for appellant.

Richard W. Reeves, of Allen, Dell, Frank Trinkle, Tampa, for appellee.


Plaintiff's husband was killed when his car ran into a train at a rural crossing. She appeals an adverse summary judgment in her wrongful death action.

The only substantial disputed issue of fact is relevant to whether the last clear chance doctrine might apply. Several witnesses testified that decedent slowed down and appeared to be barely moving before running into the front of the moving train. One witness, who may not have had as good a view, testified that decedent appeared to be going at a steady rate of speed prior to hitting the train. While the latter testimony appears the weaker, plaintiff is entitled to a jury trial to resolve this disputed issue of fact. Accordingly, we must reverse.

LILES, C.J., and PIERCE, J., concur.


Summaries of

Underwood v. Seaboard Coast Line Railroad

District Court of Appeal of Florida, Second District
Sep 27, 1968
214 So. 2d 371 (Fla. Dist. Ct. App. 1968)
Case details for

Underwood v. Seaboard Coast Line Railroad

Case Details

Full title:MRS. CHARLIE LOU UNDERWOOD, A WIDOW, APPELLANT, v. SEABOARD COAST LINE…

Court:District Court of Appeal of Florida, Second District

Date published: Sep 27, 1968

Citations

214 So. 2d 371 (Fla. Dist. Ct. App. 1968)