MARTHA JEAN GRAY, APPELLANT,
v.
SEABOARD COAST LINE RAILROAD COMPANY, A FOREIGN CORPORATION, AND W. B. HENDERSON, APPELLEES
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Plaintiff in a wrongful death action seeks reversal of a final judgment based upon a verdict directed in favor of defendant at the close of the evidence. The order granting defendant’s motion for directed verdict was upon the 'stated ground that the evidence established without dispute that plaintiff’s decedent was guilty of contributory negligence.
We have carefully reviewed the evidence as reflected by the record on appeal and fail to find therefrom any proof sufficient to raise a jury issue on the question of the decedent’s contributory negligence as a matter of law. The totality of the evidence, and all reasonable deductions which may be drawn therefrom, points only to the one conclusion that it was the decedent’s negligence which contributed to or proximately caused his death. See Florida East Coast Ry. Co. v. Davis (1928), 96 Fla. 171, 117 So. 842; Atlantic Coast Line Railroad Company v. Walker (Fla.App.1959), 113 So.2d 420; O’Keefe v. Butler (Fla.App.1961), 126 So.2d 764.
The judgment appealed is affirmed.
JOHNSON, C. J., and WIGGINTON and SPECTOR, JJ., concur.
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I.R. and I.R. v. State, 385 So. 2d 686 (Fla. 3d DCA 1980)…is that be [*687] cause the latter two eyewitnesses testified, as a part of the State’s case, that the appellant did not commit the crime for which he was on trial, a reasonable doubt was created as a matter of law. He contends that Majors v. State, 247 So. 2d 446 (Fla. 1st DCA 1971), requires reversal of his adjudication. We disagree and affirm. In Majors, two people, Majors and Bellamy, were jointly charged with assaulting another, Johnson, with a pistol. Majors was convicted; Bellamy acquitted. At trial f…
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J.L. v. State, 566 So. 2d 1383 (Fla. 1st DCA 1990)…imony adduced, entitling defendant to a directed verdict of acquittal. See also Weinstein v. State, 269 So. 2d 70 (Fla. 1st DCA 1972), cert. denied, 273 So. 2d 764 (Fla.1973); Hodge v. State, 315 So. 2d 507 (Fla. 1st DCA 1975); and Majors v. State, 247 So. 2d 446 (Fla. 1st DCA 1971), cert. denied, 250 So. 2d 898 (Fla.1971). J.L. asserts that the above cases mandate that a judgment of acquittal be granted where a state’s witness testifies in a manner consistent with the defendant’s [*1385] theory of innocenc…
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D.J.G. v. State, 524 So. 2d 1024 (Fla. 1st DCA 1987)…A 1972), cert. denied, 273 So. 2d 764 (Fla.1973) (defendant entitled to judgment of acquittal where state witness, never asserted as adverse by the state, gave testimony that was consistent with defendant’s hypothesis of innocence); Majors v. State, 247 So. 2d 446 (Fla. 1st DCA 1971), cert. denied, 250 So. 2d 898 (Fla.1971) (testimony of four prosecution witnesses that defendant had not committed the crime was binding on the state and created a reasonable doubt of innocence as a matter of law); Hodge v. State…
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- Fla. E. Coast Ry. Co. v. Davis, 96 Fla. 171 (Fla. 1928)
- Atl. Coast Line R.R. Co. v. Walker, 113 So. 2d 420 (Fla. 1st DCA 1959)
- Boone v. Richey, 126 So. 2d 764 (Fla. 1st DCA 1961)