Williams v. Seaboard Airline Railroad

McCAIN, DAVID L.,

Associate Judge, dissents, with opinion:

I must respectfully dissent from the majority herein.

The retrial below was conducted before a judge of the Palm Beach County Circuit Court sitting without a jury. Portions of the transcript of the first trial were admitted by stipulation of the litigants, and my treatment of the testimony and the evidence will be made without reference to whether it was stipulated, or appeared fresh in the retrial. The collision occurred within the city limits of West Palm Beach, Florida; all other pertinent facts appear in the body of my dissent. The…