Legal Opinion

Seaboard Coast Line Railroad v. Big Chief Construction Co.

District Court of Appeal of Florida

Decided June 7, 1968No. 1114PublishedCited by 3 opinions

1Opinion of the Court

WALDEN, Chief Judge.

This negligence action resulted from a collision at a railroad crossing between a moving train and a stalled truck. Plaintiff was Seaboard Coast Line Railroad Company and its claim was for damages to its train, track and signal equipment. Defendant was Big Chief Construction Company, Inc., the owner of the truck.

At the conclusion of plaintiff’s case the trial court granted defendant’s motion for directed verdict, thereby ruling that there was no showing of negligence on the part of the defendant, and that the doctrine of res ipsa loquitur was not applicable. Plaintiff…

2Cases cited4 opinions

  1. Chicago, Rock Island and Pacific Railroad Company, a Corporation v. Hugh Breeding, Inc., a Corporation, Hugh Breeding, Inc., a Corporation, Cross-Appellant v. Chicago, Rock Island and Pacific Railroad Company, a Corporation, Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1957
  2. Chicago, North Shore & Milwaukee Railway Co. v. GreeleyWisconsin Supreme Court · 1953
  3. Cincinnati, New Orleans & Texas Pacific Railroad v. ZederCourt of Appeals of Kentucky · 1959
  4. Fitzgerald v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1952

3Cited by3 opinions

  1. Casale v. Carrigan and Boland, Inc.District Court of Appeal of Florida · 1974
  2. Vertommen v. WilliamsDistrict Court of Appeal of Florida · 1973
  3. Seaboard Coast Line Railroad v. Big Chief Construction Co.District Court of Appeal of Florida · 1972

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