Wilson v. St. Louis & San Francisco Railroad

ON PETITION FOR REHEARING

As this court stated in Tuz v. Edward M. Chadbourne, Inc., Fla.App. (1st), 290 So.2d 547:

“Estoppel by judgment precludes the parties from litigating in a second suit issues which were actually adjudicated in a previous suit, even though the causes of action were different.”

But for Hoffman v. Jones, Fla., 280 So.2d 431, the above would be the situation in the-case sub judice. Now, however, comparative negligence is an issue in this case (see Seaboard Coast Line Railroad Company v. Arnett, Fla.App. (1st), 303 So.2d 653, opinion filed November 5, 1974, and Fitzsimmons v.…