City of Jacksonville v. Franco, Nos. EE-488

CourtCourt of Appeal of Florida (US)
Writing for the CourtMELVIN; MILLS, Acting C. J., and ERVIN
Citation361 So.2d 209
Docket NumberEE-499,Nos. EE-488
Decision Date02 August 1978
PartiesCITY OF JACKSONVILLE, a municipal corporation, and the Travelers Insurance Company, a corporation, Appellants, v. Virginia J. FRANCO, as Administratrix of the Estate of Maurice Charles Franco, Jr., Deceased and Seaboard Coast Line Railroad Company, a corporation, Appellees. SEABOARD COAST LINE RAILROAD COMPANY, Appellant, v. CITY OF JACKSONVILLE and Travelers Insurance Company, Appellees.

Page 209

361 So.2d 209
CITY OF JACKSONVILLE, a municipal corporation, and the Travelers Insurance Company, a corporation, Appellants,
v.
Virginia J. FRANCO, as Administratrix of the Estate of Maurice Charles Franco, Jr., Deceased and Seaboard Coast Line Railroad Company, a corporation, Appellees.
SEABOARD COAST LINE RAILROAD COMPANY, Appellant,
v.
CITY OF JACKSONVILLE and Travelers Insurance Company, Appellees.
Nos. EE-488, EE-499.
District Court of Appeal of Florida, First District.
Aug. 2, 1978.
Rehearing Denied Aug. 28, 1978.

Page 210

George Stelljes, Jr., of Marks, Gray, Conroy & Gibbs, Jacksonville, for City of Jacksonville.

William C. Gentry, Joseph P. Milton, Jacksonville, Hugh C. Griffin of Lord, Bissell & Brook, Chicago, Ill., E. Dale Joyner of Toole, Taylor, Moseley, Milton & Joyner, Jacksonville, for Virginia J. Franco et al.

E. Dale Joyner of Toole, Taylor, Moseley, Milton & Joyner, Jacksonville, Hugh C. Griffin of Lord, Bissell & Brook, Chicago, Ill., for Seaboard Coastline R. Co.

MELVIN, Judge.

Defendant-appellant, the City of Jacksonville, and the defendant, appellee and cross-appellant Seaboard Coast Line Railroad Company appeal from final judgments entered against them in litigation that arose out of a collision between an automobile driven by plaintiff's decedent, Maurice Charles Franco, Jr., and a Seaboard train at a crossing near the intersection of Lane Avenue and Beaver Street in the City of Jacksonville, Florida. The appellant, City of Jacksonville, seeks to reverse an indemnity judgment entered in favor of Seaboard Coast Line Railroad for a portion of plaintiff's judgment, and the appellee and cross-appellant Seaboard Coast Line Railroad Company seeks reversal of a judgment entered by the trial court, the effect of which was to refuse to grant to the railroad full indemnity from the City for the total amount of plaintiff's judgment. These cases have been consolidated for the purpose of appellate review. Plaintiff Franco's judgment is not here for review.

At all times material, the City of Jacksonville and Duval County were merged into a single governmental unit. The City of Jacksonville will be referred to as the City and Seaboard Coast Line Railroad Company will be referred to as Seaboard. Plaintiff and her decedent will be referred to as Franco.

Franco sued Seaboard alleging that it was negligent in the maintenance of the crossing and the operation of its train at the time and place of the accident. Seaboard filed a third party complaint against the City alleging that if the accident was due to any cause other than decedent's own negligence, it was caused by the City's failure to abide by its contractual obligation with Seaboard to maintain its traffic signal and traffic signal interconnection system at the Lane-Beaver intersection and alleged further that said indemnity contract obligated the City to indemnify Seaboard from All liability and damage that was a result of the accident.

Franco filed a separate cause of action against the City alleging that the City's traffic...

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4 practice notes
  • National R.R. Passenger v. Rountree Transport, No. 00-13811.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • March 26, 2002
    ...a private railroad because the "clear and unequivocal language" of the contract put the city on notice of its contractual obligations. 361 So.2d 209, 211 (Fla.Dist.Ct. App.1978) (quotations The Rail Companies also contrast the Fifth Circuit decision in Sarasota-Fruitville with Seaboard Air ......
  • AMI Ins. Agency v. Elie, Nos. 79-961
    • United States
    • Court of Appeal of Florida (US)
    • March 3, 1981
    ...whom indemnity is sought. 1 This statement of the law, however, does not apply to contract indemnity. City of Jacksonville v. Franco, 361 So.2d 209 (Fla.App.1978); Stuart v. Hertz Corp., 351 So.2d 703 (Fla.1977); Houdaille Industries, Inc. v. Edwards, 374 So.2d 490 (Fla.1979). It is clear t......
  • Container Corp. of America v. Seaboard Coast Line R. Co., No. XX-231
    • United States
    • Florida District Court of Appeals
    • July 29, 1981
    ...even if that third party should also have an independent right of action against Seaboard. Compare, City of Jacksonville v. Franco, 361 So.2d 209 (Fla. 1st DCA 1978), cert. dism., 367 So.2d 1122 (Fla.1978). Under the clause relied on by Container, concurring negligence by Seaboard in operat......
  • City of Jacksonville v. Seaboard Coast Line Railroad Co.
    • United States
    • United States State Supreme Court of Florida
    • December 19, 1978
    ...367 So.2d 1122 City of Jacksonville v. Seaboard Coast Line Railroad Co. NO. 55159 Supreme Court of Florida. Dec 19, 1978 Appeal From: 361 So.2d 209 Disposition: Cert....
4 cases
  • National R.R. Passenger v. Rountree Transport, No. 00-13811.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • March 26, 2002
    ...a private railroad because the "clear and unequivocal language" of the contract put the city on notice of its contractual obligations. 361 So.2d 209, 211 (Fla.Dist.Ct. App.1978) (quotations The Rail Companies also contrast the Fifth Circuit decision in Sarasota-Fruitville with Seaboard Air ......
  • AMI Ins. Agency v. Elie, Nos. 79-961
    • United States
    • Court of Appeal of Florida (US)
    • March 3, 1981
    ...whom indemnity is sought. 1 This statement of the law, however, does not apply to contract indemnity. City of Jacksonville v. Franco, 361 So.2d 209 (Fla.App.1978); Stuart v. Hertz Corp., 351 So.2d 703 (Fla.1977); Houdaille Industries, Inc. v. Edwards, 374 So.2d 490 (Fla.1979). It is clear t......
  • Container Corp. of America v. Seaboard Coast Line R. Co., No. XX-231
    • United States
    • Florida District Court of Appeals
    • July 29, 1981
    ...even if that third party should also have an independent right of action against Seaboard. Compare, City of Jacksonville v. Franco, 361 So.2d 209 (Fla. 1st DCA 1978), cert. dism., 367 So.2d 1122 (Fla.1978). Under the clause relied on by Container, concurring negligence by Seaboard in operat......
  • City of Jacksonville v. Seaboard Coast Line Railroad Co.
    • United States
    • United States State Supreme Court of Florida
    • December 19, 1978
    ...367 So.2d 1122 City of Jacksonville v. Seaboard Coast Line Railroad Co. NO. 55159 Supreme Court of Florida. Dec 19, 1978 Appeal From: 361 So.2d 209 Disposition: Cert....

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