241 So. 2d 447

Ulysee MAXIE, Appellant, v. SEABOARD COAST LINE RAILROAD COMPANY, a Virginia Corporation, Appellee.

No. 70-342.

District Court of Appeal of Florida, Second District.

Dec. 2, 1970.

Herb Blessing, Bradenton, for appellant.

Ralph C. Dell of Allen, Dell, Frank & Trinkle, Tampa, for appellee.

PER CURIAM.

Plaintiff in this negligence action appeals from a directed verdict entered in favor of Seaboard Coast Line Railroad Company. We must reverse.

The record discloses ample evidence from which a jury could have found the railroad negligent. The only remaining question was whether appellant was contributorily negligent, proximately contributing to his injury. Again, the record shows favorable inferences and unresolved issues of material fact bearing on contributory negligence. As has been repeatedly held,1 the jury is the proper arbiter of such matters.

Accordingly, the judgment is reversed and the cause is remanded for a new trial.

HOBSON, C. J., and PIERCE and McNULTY, JJ., concur.

Maxie v. Seaboard Coast Line Railroad
241 So. 2d 447

Case Details

Name
Maxie v. Seaboard Coast Line Railroad
Decision Date
Dec 2, 1970
Citations

241 So. 2d 447

Jurisdiction
Florida

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!