ATLANTIC COAST LINE RAILROAD COMPANY
v.
JOSEPH FRANKLIN HOLMES, A MINOR, BY HIS GUARDIANS AND NEXT FRIENDS, IVA G. WALKER AND SALVADORE GOMES
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The Florida Supreme Court affirmed judgments against the Atlantic Coast Line Railroad Company, finding sufficient evidence of negligence to support jury verdicts for personal injuries and the deaths of parents resulting from a train-car collision.
Yes, there was sufficient evidence of the Railroad Company's negligence, particularly in failing to give warning signals at the crossing, to go to the jury and support the verdicts. Therefore, the court should not have directed verdicts for the railroad.
“There was sufficient evidence pertaining to the negligence of the Railroad Company in not giving warning signals at the crossing to go to the jury, and to support the verdicts.”
This quote establishes the court's finding that the evidence of negligence was adequate for the jury's consideration and verdict.
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Join FLexlaw to unlock all legal intelligenceA collision occurred between a train and an automobile, resulting in the death of the parents of an 18-month-old child, who also sustained severe inju…
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Writ of Error from final judgments of the Circuit Court for Lee County.
In a collision between an automobile driven by Francis Williams and a train of the Atlantic Coast Line Railroad, Silas Holmes and Mrs. Edna Holmes, passengers in the car driven by Williams, and father and mother of defendant in error were killed. Defendant in error, an 18-months-old child, had both legs broken, and is suing by his guardians and next friends for personal injuries to himself and for the death of both parents.
*596The circuit court tried all three cases together, and the jury returned verdicts for defendant in error in the sum of $500 for his personal injuries, and $1,000 each for the death of his father and mother.
Railroad Company assigns as errors the failure to direct verdicts in its favor, and' the insufficiency of evidence to support the verdicts.
There was sufficient evidence pertaining to the negligence of the Railroad Company in not giving warning signals at the crossing to go to the jury, and to support the verdicts.
No error appearing, the judgments of the circuit court should be and are hereby affirmed.
Affirmed.
Whitfield, P. J., Brown and Chapman, J. J., concur.
Thomas, J., concurs in opinion and judgment.
Justices Terrell and Buford not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
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Anne Marie Fischer v. Honorable Francis X. Knuck, 497 So. 2d 240 (Fla. 1986)…tioner’s motion, the law is well established that the asserted facts must be “reasonably sufficient” to create a “well-founded fear” in the mind of a party that he or she will not receive a fair trial. See State ex rel. Davis v. Parks, 141 Fla. 516, 194 So. 613 (1939); State ex rel. Brown v. Dewell, 131 Fla. 566, 179 So. 695 (1938). A verified motion for disqualification must contain an actual factual foundation for the alleged fear of prejudice. Wilson v. Renfroe, 91 So. 2d 857 (Fla.1956); Wyman v. Reasbe…
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Rodriguez v. State, 919 So. 2d 1252 (Fla. 2005)…at he is in a forum where the judicial ermine is everything that it typi- [*1291] fíes, purity and justice. The guaranty of a fair and impartial trial can mean nothing less than this. Id. at 1183 (quoting State ex rel. Davis v. Parks, 141 Fla. 516, 194 So. 613, 615 (1939)). The judge’s actions during these postconviction proceedings offend the notion of a fair and impartial proceeding. The judge testified as a witness in the public records hearing and then went on to rule upon his own credibility when he…
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