Legal Opinion

Seaboard Coast Line Railroad v. McDaniel

District Court of Appeal of Florida

Decided October 21, 1971No. O-48PublishedCited by 2 opinions

1Opinion of the Court

RAWLS, Judge.

Appellant Railroad appeals from an adverse judgment in favor of appellee McDaniel, and contends that the trial court erred in: 1. Directing a verdict as to the question of plaintiff’s contributory negligence; and 2. Refusing to give defendant’s requested instruction as to aggrava*16tion and giving Florida Standard Jury Instruction 6.2, subd. b, 31 F.S.A.

Two accidents are involved in this case. Plaintiff McDaniel filed suit pursuant to the provisions of the Federal Employers’ Liability Act (FELA), 45 U.S.C.A. §§ 51-60, and the Boiler Inspection Act and Safety Appliance Act, 45…

2Cases cited5 opinions

  1. C. F. Hamblen, Inc. v. OwensSupreme Court of Florida · 1937
  2. Bob G. Shupe v. New York Central SystemCourt of Appeals for the Seventh Circuit · 1965
  3. Florida East Coast Railway Co. v. McKinneyDistrict Court of Appeal of Florida · 1969
  4. George Butler v. New York Central Railroad CompanyCourt of Appeals for the Seventh Circuit · 1958
  5. Florida East Coast Railway Co. v. PollackDistrict Court of Appeal of Florida · 1963

3Cited by2 opinions

  1. Samuel Lonnie Nelson v. Ford Motor Company, Etc.Court of Appeals for the Fifth Circuit · 1972
  2. Seaboard Coast Line Railroad v. McDanielSupreme Court of Florida · 1972

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