[Download] "Goff v. Atlantic Coast Line R.R. Et Al." by Supreme Court of Florida # eBook PDF Kindle ePub Free
eBook details
- Title: Goff v. Atlantic Coast Line R.R. Et Al.
- Author : Supreme Court of Florida
- Release Date : January 03, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
We here review a summary judgment entered by the court below in favor of defendant-appellees in a suit by plaintiff-appellant to recover for her injuries sustained in a railroad crossing accident. It appears from affidavits filed in support of its motion for summary judgment by the defendant railroad company that the automobile in which plaintiff was a guest passenger struck the rear of the first carl behind the engine of defendants train with such force as to derail such car; and that, as shown by the tire skid marks of the automobile, the tires had skidded approximately 114 feet before colliding with the train. The lower court in entering summary judgment declared therein that "While a passenger in a car is not chargeable with the contributory negligence of the driver, it is apparent that there is no actionable negligence on the part of the railroad in this case, but that the sole proximate cause of the accident was the negligence of the driver of said car in failing to have his car under proper control to be able to stop in time to avoid this collision."