History
  • No items yet
midpage
Atlantic Coast Line Railroad Co. v. Holmes
141 Fla. 595
Fla.
1940
Check Treatment

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. *Page 596

The 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.

Case Details

Case Name: Atlantic Coast Line Railroad Co. v. Holmes
Court Name: Supreme Court of Florida
Date Published: Jan 5, 1940
Citation: 141 Fla. 595
Court Abbreviation: Fla.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.