Martin v. Makris

CARROLL, CHAS., Chief Judge.

The appellant, Florida East Coast Railway Company, through its trustee, appealed from an adverse judgment based on a verdict for $32,000, in favor of a widow suing for wrongful death of her husband under Sections 768.01 and 768.02, Fla.Stat., F.S.A.

His death resulted from a collision between his automobile and appellant’s train at the 163rd Street grade crossing, in North Miami Beach.

Appellant raised the following points:

1. Whether or not there was any evidence upon which to submit the case to the jury.

2. Whether the verdict was excessive under the comparative…