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
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(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.