Denton v. Atlanta & St. Andrews Bay Ry. Co.
| Decision Date | 19 December 1939 |
| Court | Florida Supreme Court |
| Parties | DENTON v. ATLANTA & ST. ANDREWS BAY RY. CO. |
Error to Circuit Court, Jackson County; E. C. Welch, Judge.
Action by Ernest R. Denton against the Atlanta & St. Andrews Bay Railway Company, a corporation, for injuries resulting from a collision between plaintiff's automobile and a train of the defendant at a grade crossing. To review a judgment for the defendant, plaintiff brings error.
Affirmed.
COUNSEL L. H. Brannon, of De Funiak Springs, and Philip D. Beall and Philip D. Beall, Jr., both of Pensacola, for plaintiff in error.
Thomas Sale, of Panama City, A. G. Powell, of Atlanta, Ga., and John H. Carter and John H. Carter, Jr., both of Marianna, for defendant in error.
Writ of error brings for review judgment in favor of defendant on demurrer sustained to an amended declaration wherein plaintiff sought to recover damages for injury alleged to have been sustained as the result of a collision between plaintiff's automobile, which plaintiff was driving on the public highway, and a box car standing in a train of cars on defendant's railroad tracks and across and obstructing the highway.
We have examined the amended declaration and find that its allegations are sufficient to show that plaintiff's own negligence in the operation of his automobile was the proximate cause of the injury and that it fails to allege actionable negligence on the part of defendant. See Kinball v. A. C. L. Ry. Co., 132 Fla. 235, 181 So. 533. See also Clark v. A. C. L. Ry. Co., Fla., 192 So. 621, filed this day and authorities therein cited. Also see Cline, as Administratrix etc. v. Powell et al., as Receivers of Seaboard Air Line Railway Co., Fla., 192 So. 628, filed this day.
Judgment is affirmed.
So ordered.
BROWN, J., 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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