Florida East Coast Railway Co. v. Chapin

CARROLL, Judge.

The appellee John C. Chapin filed an action in the circuit court in Dade County against the appellant Florida East Coast Railway Company for damages for personal injuries sustained in the course of his employment by the company. His action was brought under Federal Employers’ Liability Act, 45 U.S.C.A. §§ 51-60. On trial of the cause before a jury certain happenings having to do with the attitude of a member of the jury and conduct of a witness prompted plaintiff’s counsel to move under rule 1.35(a) (2), Fla.R.C.P., 30 F.S.A., for dismissal of the cause without prejudice. *108Defend…