Seaboard Coast Line Railroad v. Scudder

LILES, Chief Judge.

Seaboard Coast Line Railroad, the defendant below, takes this appeal from a final judgment on a jury verdict of $65,000 entered against it. Charles L. Scudder, the appellee, instituted this action for recovery of damages for personal injuries received by him as the result of a motor vehicle-train collision in Tampa. Appellee’s theory was one of negligence on the part of the railroad, and appellant based its defense on contributory negligence.

In November 1966, on a cold but clear day, the appellee was injured when his automobile was struck by a train operated by appellant…