Kenan v. Austin

Sherman Austin was injured in a crossing accident at the intersection of the Florida East Coast Railway and 36th Street in the City of Miami. He brought this action to recover damages for personal injuries and the loss of his automobile which was completely wrecked. A trial resulted in a verdict and judgment in his favor for $15,000, to which this writ of error was prosecuted.

Plaintiff in error contends that the accident was due solely to contributory negligence on the part of Austin and that the trial court erred in refusing to direct a verdict for defendant.

The answer to this question turns…