Seaboard Coast Line Railroad v. Big Chief Construction Co.

OWEN, Judge.

This is a sequel to Seaboard Coast Line Railroad Company v. Big Chief Construction Company, Inc., Fla.App.1968, 211 So.2d 21. Upon remand to the trial court, further proceedings were had, including a second trial, which resulted in a jury verdict in favor of the defendant, Big Chief Construction Company, Inc. This appeal is from the judgment entered pursuant to that verdict.

The sole question before us is whether, the issue of the railroad’s negligence, having been determined favorably to it in the first trial, was erroneously submitted to the jury as an issue in the second trial.…