Opinion · Court of Appeals for the Fifth Circuit

Box v. South Georgia Railway Co.

Box v. S. Ga. Ry. Co., 433 F.2d 89 (5th Cir. 1970)

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1970-10-12
Topic
general

AINSWORTH, Circuit Judge (dissenting). I respectfully dissent, being of the view that the District Judge correctly submitted this case to the jury under the doctrine of last clear chance as interpreted by Florida law. Accordingly, I would not disturb the jury verdict which awarded substantial damages to plaintiffs. See Boeing Company v. Shipman, 5 Cir., 1969, 411 F.2d 365.

Citator

UpLaw has not yet analyzed Box v. South Georgia Railway Co.. The absence of a flag is not a finding that it is good law.

AINSWORTH, Circuit Judge

(dissenting).

I respectfully dissent, being of the view that the District Judge correctly submitted this case to the jury under the doctrine of last clear chance as interpreted by Florida law. Accordingly, I would not disturb the jury verdict which awarded substantial damages to plaintiffs. See Boeing Company v. Shipman, 5 Cir., 1969, 411 F.2d 365. I agree with plaintiffs’ contention that the defendant railroad had ample opportunity to avoid the accident after' discovering that deceased was in a position of peril of which she was apparently unaware.