Russell Graham Kirkpatrick v. Atlantic Coast Line Railroad Company

WISDOM, Circuit Judge.

This damage suit arises out of a collision that occurred at a railroad crossing between an automobile operated by the plaintiff, Kirkpatrick, and the defendant railroad company’s train. The jury returned a verdict for the defendant, and the plaintiff appeals.

The question presented on appeal is whether the district court erred in charging the jury under the Florida comparative negligence statute, F.S.A. § 768.06, 1 in the following manner:

“I instruct you, ladies and gentlemen of the jury, that the plaintiff, Russell Graham Kirkpatrick, was guilty of negligence as a matter…