JAY TURNER BUTLER AND WILLIAM A. HALLOWES, III, TRUSTEES OF THE PROPERTY OF THE FLORIDA EAST COAST RAILWAY COMPANY, A FLORIDA CORPORATION, PETITIONERS,
v.
WAYNE T. GAY, RESPONDENT
JAY TURNER BUTLER AND WILLIAM A. HALLOWES, III, TRUSTEES OF THE PROPERTY OF THE FLORIDA EAST COAST RAILWAY COMPANY, A FLORIDA CORPORATION, PETITIONERS,
WAYNE T. GAY, RESPONDENT
122 So. 2d 189
Florida Supreme Court (1960)
Positive Treatment
Cited by 4 cases
Opinion of the Court
Petition for Writ of Certiorari herein reflected apparent jurisdiction in this court, hence we issued the writ and have now heard oral argument by the respective parties. Upon our further consideration of said argument and briefs heretofore filed by the parties we have determined that there is, in fact, no direct conflict between the decision brought here for review and a former decision of this Court as contended in the petition. Accordingly this court is without jurisdiction in the matter.
Therefore, the writ heretofore issued must be and is hereby discharged and the petition for writ of certiorari is hereby dismissed.
It is so ordered.
THOMAS, C. J„ and HOBSON, DREW and THORNAL, JJ., concur.
TERRELL, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Adams v. Seaboard Coast Line R.R. Co., 296 So. 2d 1 (Fla. 1974)…N.E. 2d 430 (1961); Delevie v. Reading Co., 176 F. 2d 496 (3rd Cir. 1949); Louisville & N. R. Co. v. Cooke, 267 Ala. 424, 103 So. 2d 791 (Ala.1958); see also, Annot. 98 A.L.R.2d 653. In Butler v. Gay, 118 So. 2d 572 (Fla.App.3d, 1960), cert. dis., 122 So. 2d 189 (Fla.1960), the plaintiff while working as head brakeman for the defendant railroad, suffered personal injuries. Prior to his injury, the plaintiff had spotted a car at a siding and gave the engineer a signal to go ahead. There was located adjacent…
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Adams v. Seaboard Coast Line R.R. Co., 277 So. 2d 578 (Fla. 1st DCA 1973)…as prior to the landmark decision of the Sup-preme Court of the United States in the above cited Rogers case and maintains that under the post-Rogers cases, including the Florida case of Butler v. Gay, 118 So. 2d 572 (Fla.App.1960), cert. discharged 122 So. 2d 189 (Fla.1960), the Joyner case would no longer be applicable. We concede and recognize the continuing trend toward liability without fault, but do not concede that the law has quite reached that status. There are numerous cases covering this troubled…