Martin v. Powell

PATTISHALL, Associate Justice.

Petitioner is here seeking a writ of cer-tiorari to review a judgment of the Circuit Court of Brevard County affirming, on appeal, a judgment of the Small Claims Court of Brevard County.

The action arose out of a collision between defendant’s passing freight train and the automobile of plaintiff, as it stood on a platform or ramp at the defendant’s station in Melbourne. The complaint alleges that some “heavy object” protruding out of the side of the train struck plaintiff’s auto, thereby causing the damages claimed and charges the defendant with negligence by…