Florida East Coast Railway Co. v. Britt

Florida East Coast Railway Company, the defendant below, appeals from a judgment entered against it for the wrongful death of a child struck by a train at a railway crossing.

The Railway first contends that the trial court erred in failing to direct a verdict in its favor. From our review of the voluminous record in this case, it appears that the evidence would support a verdict in favor of the Railway. However this is not the standard by which a motion for directed verdict is judged. Badgen v. Brady, 103 So.2d 672 (Fla. 1st DCA 1958). In the present case we cannot say that there was no…