Florida East Coast Railway Co. v. Southeast Bank, N.A.

STONE, Judge.

We affirm a plaintiffs’ judgment, based on a jury verdict for personal injuries incurred by Juan Cedillo, age 14, while trespassing on the defendant’s train. We address two of several issues raised.

The accident occurred at 8:15 a.m. in the city of West Palm Beach while the train was engaged in a “switching” operation. The train, contrary to the provisions of a city ordinance, was blocking the 15th Street crossing. The evidence reflects that the plaintiff waited to cross the tracks with his bike for 15 or 20 minutes, although this time period is disputed by the defense. A man with…