SEABOARD AIR LINE RAILWAY COMPANY, A CORPORATION, PLAINTIFF IN ERROR,
v.
W. C. GRIMES, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a judgment awarding double damages and attorney fees for a cow killed by a train, finding insufficient evidence to support the award.
The court held that the evidence was insufficient to sustain the award of double damages and attorney fees.
“There appears to -be no evidence to sustain an apparently excessive allowance of attorney fees, and it is not clear that a failure to comply with the legal requirements of the statute as to fencing railroad tracks was a proximate cause of the killing of the cow so as to warrant a recovery of double damages.”
Reasoning for reversing the judgment due to insufficient evidence for attorney fees and double damages.
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Join FLexlaw to unlock all legal intelligenceA cow was killed by a train at a flag station where side tracks were used for loading melons. The cow was eating melons near the track and walked onto…
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Per Curiam.
This writ of error was taken to a judgment awarding $200.00 double damages and $62.00 as attorney fees for a cow lulled by a train. There appears to -be no evidence to sustain an apparently excessive allowance of attorney fees, and it is not clear that a failure to comply with the legal requirements of the statute as to fencing railroad tracks was a proximate cause of the killing of the cow so as to warrant a recovery of double damages.
The cow was between the main line and a side track eating melons dropped where cars were loaded with melons, and went on the track in front of an approaching train at a flag station where side tracks were used for loading melons, etc.
Under the circumstances the judgment should be and is reversed for a new trial.
West, C. J., and Whitfield, Elias, Terrell and Strum, J. J., concur.
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Atl. Coast Line R.R. Co. v. Manning, 114 Fla. 8 (Fla. 1934)…belonging to the plaintiff, and for which he sought to recover damages, was killed on the 14th day of March, 1930. ■ Therefore, I think the judgment should be reversed on authority of opinion and judgment in the case of S. A. L. Ry. Co. v. Grimes, 90 Fla. 38, 105 Sou. 142, because of the uncertainty, as disclosed by the record, that the legal requirements of the statutes as to fencing railroad tracks was a proximate cause of the killing of the cow so as to warrant [*19] recovery of double damages, and u…1 / 2