WILLIAM C. HARTLEY, APPELLANT,
v.
FLORIDA EAST COAST RAILWAY COMPANY, A FLORIDA CORPORATION, APPELLEE
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PER CURIAM.
We have reviewed the record and the appellate presentation. We are satisfied that the principles contained in Hoffman v. Jones, 280 So. 2d 431 (Fla.1973), are not applicable here for the reason that the matter of comparative negligence was not appropriately and properly raised during some stage of the litigation and neither was it properly and appropriately made a question of appellate review. Hoffman, v. Jones, supra. Next, we are satisfied that a correct assessment of the evidence adduced supports the trial court decision that the plaintiff was guilty of contributory negligence as a matter of law. Thus, the decision to grant a directed verdict for the defendant is affirmed. Loftin v. McGregor, 152 Fla. 813, 14 So. 2d 574 (1943); Lindsey v. Seaboard Coastline RR. Co., 248 So. 2d 518 (Fla.App.1st 1971); Knott v. Seaboard Air Line RR. Co., 151 So. 2d 11 (Fla.App.3d 1963).
Affirmed.
OWEN, C. J., and WALDEN and CROSS, JJ., concur.
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Cited By
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Hartley v. Fla. E. Coast Ry. Co., 339 So. 2d 630 (Fla. 1976)…OVERTON, Chief Justice. This is a petition for writ of certiorari to review a decision of the Fourth District Court of Appeal reported at 299 So. 2d 108. The decision conflicts with Fitzsimmons v. City of Pensacola, 297 So. 2d 107 (Fla.App. 1st 1974). We have jurisdiction.1 In the instant case, the Fourth District held the initial assertion of the doctrine of comparative negligence in plaintiff’s a…
Authorities Cited
- Hoffman v. Jones, 280 So. 2d 431 (Fla. 1973)
- Loftin v. Angus H. McGregor, 152 Fla. 813 (Fla. 1943)
- Knott v. Seaboard AIR Line R.R. Co. & O. L. Steele, 151 So. 2d 11 (Fla. 3d DCA 1963)
- Lindsey v. Seaboard Coastline R.R. Co., 248 So. 2d 518 (Fla. 1st DCA 1971)