WILBURN COMBS, APPELLANT,
v.
ATLANTIC COAST LINE RAILROAD COMPANY, A CORPORATION, APPELLEE
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The appellate court reversed a directed verdict for the railroad in an FELA case, finding that the employee presented sufficient evidence for a jury to find liability under the Federal Employers' Liability Act.
Yes, the employee presented sufficient substantial evidence from which a jury could have lawfully found the railroad liable under the Federal Employers' Liability Act.
“We have examined the record and agree that this contention is sound under the liberal doctrines recognized under that act by the Florida Supreme Court in Atlantic Coast Line R. Co. v. Barrett, 101 So. 2d 37, and by many federal courts.”
This quote establishes the court's agreement with the appellant that sufficient evidence existed and references the legal standard applied.
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Join FLexlaw to unlock all legal intelligenceAn employee sued his railroad employer under the Federal Employers' Liability Act. The jury was unable to reach a verdict, and the trial judge subsequ…
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In this suit, filed by an employee against the railroad under the Federal Employers’ Liability Act (45 U.S.C.A. § 51 et seq.), the trial judge, after discharging the jury, which had been unable to agree upon a verdict, granted the appellee-railroad’s motion for directed verdict and entered a final judgment for the appellee based upon such directed verdict. The appellant appeals and contends that there was sufficient substantial evidence at the trial from which the jury could have lawfully found the appellee liable under the Federal Act. We have examined the record and agree that this contention is sound under the liberal doctrines recognized under that act by the Florida Supreme Court in Atlantic Coast Line R. Co. v. Barrett, 101 So.2d 37, and by many federal courts. The judgment appealed from is therefore reversed with directions for a new trial of the issues.
STURGIS, C. J., and CARROLL, DONALD K., and WIGGINTON, JJ., concur.
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Adams Eng'g Co., Inc. v. Constr. Prods. Corp., 156 So. 2d 497 (Fla. 1963)…on, F.S.A., in this situation see Billingham v. Thiele, Fla.1959, 109 So. 2d 763, and Green v. Panama City Housing Authority, Fla.1959, 115 So. 2d 560. . Railway Express Agency, Inc. v. Hoagland, Fla.1952, 62 So. 2d 756; Allen v. Gaither, Fla.App., 112 So. 2d 855. . State ex rel. Jacksonville Ice & Cold Storage Co. v. Gray, 130 Fla. 359, 177 So. 849; Gulf Appliance Distributors, Inc. v. Long, Fla.1951, 53 So. 2d 708; Moore v. Fletcher, 159 Fla. 478, 32 So. 2d 12; United Life Insurance Co. v. Jowers, Fla.App…
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Mikos v. Sarasota Cattle Co. & Charles E. Early, 453 So. 2d 402 (Fla. 1984)…strict court certified that its decision is in conflict with Brennan v. Ryter, 339 So. 2d 661 (Fla. 1st DCA 1976), cert. denied, 348 So. 2d 944 (Fla.1977); Palatka Housing Authority v. Betts, 349 So. 2d 784 (Fla. 1st DCA 1977); and Allen v. Gaither, 112 So. 2d 855 (Fla. 1st DCA 1959), we have jurisdiction pursuant to article Y, section 3(b)(4) of the Florida Constitution. We agree fully with the decision below and therefore approve it. In this case respondents Sarasota Cattle Company and Charles Early origin…
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Davant v. Coachman Props., Inc., 118 So. 2d 844 (Fla. 2d DCA 1960)…tunes as illness, but in the act drew the line at one year, a liberal and reasonable period within which litigants may readjust themselves to almost any kind of calamity. Moore v. Fletcher, 159 Fla. 478, 32 So. 2d 12; Allen v. Gaither, Fla.App.1959, 112 So. 2d 855. Furthermore, other counsel for plaintiff appeared in the record. As to the sickness and death of Mrs. Coachman, because of her physical condition it had been stipulated that a notice of discovery deposition against her would be cancelled and that…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lawrence v. Hastings, 101 So. 2d 37 (Fla. 1958)
- Atl. Coast Line R.R. Co. v. Barrett, 101 So. 2d 37 (Fla. 1958)