Seaboard Air Line Railway v. Tomberlin

The defendant in error sued the plaintiff in error in the Circuit Court for Hillsborough County for damages for personal injuries alleged to have been sustained while attempting at a street crossing to cross the railroad track of the plaintiff in error on a motorcycle which it is alleged was struck by a passing train, throwing the defendant in error to the ground and injuring him.

The declaration contains two counts. One charges the plaintiff in error with negligence in running its train along the street in Plant City, where the accident occurred, in a “high, rapid and excessive rate of…