Rouse v. Florida East Coast Railway Co.

HENDRY, Judge.

This case comes to us with a long trial and appellate history. See: Fla. East Coast Railway Company v. Rouse, Fla.App.1965, 178 So.2d 882; Fla. East Coast Railway Company v. Rouse, Fla.1967, 194 So.2d 260. The primary issue which was reviewed in prior decisions concerned the correctness of the original trial court having submitted the case to the jury with comparative negligence instructions which were drafted in accordance with § 768.06 Fla.Stat., F.S.A. A subsequent determination of that statute’s unconstitutionality ultimately resulted in a new trial of the entire case. 194…