ERNEST E. FRANE, APPELLANT,

v.

LOUIS GLASSER AND BESS GLASSER, D/B/A COVINGTON ARMS APTS., APPELLEES

Citator

Cited By

• Fla. E. Coast Ry. Co. v. Delbert D. McKINNEY, 227 So. 2d 99 (Fla. 1st DCA 1969)
  …a ‘duty to yield the right of way’ results in an overbalanced charge unless the railroad’s ‘duties’ are also stated. But the train operators’ duties vary with the circumstances [see, with respect to train speed, Florida East Coast Ry. Co. v. Soper, 146 So. 2d 605, 608 (3d D.C.A. Fla.1962), cert. disch. 155 So. 2d 552, and Martin v. Rivers, 72 So. 2d 789 (Fla.1954)]. Moreover, to introduce the ‘right of way’ concept would seem to require that the qualifications upon the ‘right’ to take the ‘right of way’ be a…
• Seaboard Coast Line R.R. Co. v. Gordon, 328 So. 2d 206 (Fla. 1st DCA 1976)
  …rst, that the trial judge was correct in dismissing the cross-claim and third-party complaint because it is apparent on the face thereof that the Railroad was at least an active tort feasor. Florida East Coast Railway Company v. Soper, Fla.App.1962, 146 So. 2d 605. We further affirm the action because of the provisions of § 768.31(5) (b), of the Uniform Contribution Among Tort Feasors Act, it being conceded that the original plaintiffs had settled their original claim against Gordon. Therefore, the order her…
• Seaboard Coast Line R.R. Co. v. Elliott Buchman, 358 So. 2d 836 (Fla. 2d DCA 1978)
  …and ring the bell, particularly is this true where the tracks of defendant are in a congested area where the vision is obstructed and various and sundry noises and other distractions are prevalent. Id. at 302. Florida East Coast Railway v. Soper, 146 So. 2d 605 (Fla. 3d DCA 1962), involved an accident at a busy crossing in the City of Ft. Pierce. Visibility down the track was obstructed, and the crossing was marked by only the standard crossbuck warning sign. In affirming a jury verdict against the railroa…

Authorities Cited

• Perlman v. Kraemer, 104 So. 2d 609 (Fla. 3d DCA 1958)