Legal Opinion

Florida East Coast Railway Co. v. Hardee

District Court of Appeal of Florida

Decided April 7, 1964No. 63-642PublishedCited by 2 opinions

1Opinion of the Court

BARKDULL, Chief Judge.

The appellant, defendant in the trial court, appeals from an adverse final judgment rendered upon a jury verdict in an F.E.L.A. case. The principal point relied on, as constituting error, was the permitting into evidence of a rule promulgated by the Railroad and Public Utilities Commission,1 and the giving of a charge on said rule, as follows:

“You are instructed that if you find from the evidence in this- case that a safety rule or regulation of the Florida Railroad & Public Utilities Commission has been violated, it is prima facie evidence of negligence. I charge you…

2Cases cited5 opinions

  1. Chesapeake & Ohio Railway Co. v. StapletonSupreme Court of the United States · 1929
  2. McCray v. Illinois Central RailroadAppellate Court of Illinois · 1957
  3. Davee v. Southern Pacific Co.California Supreme Court · 1962
  4. Dixon v. United StatesDistrict Court, S.D. New York · 1954
  5. Florida East Coast Railway Co. v. PollackDistrict Court of Appeal of Florida · 1963

3Cited by2 opinions

  1. Conroy v. BrileyDistrict Court of Appeal of Florida · 1966
  2. Seaboard Coast Line Railroad v. deJesusDistrict Court of Appeal of Florida · 1972

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