Gray v. Seaboard Coast Line R.R., 247 So. 2d 446 (Fla. 1st DCA 1971). · Go Syfert
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Gray v. Seaboard Coast Line R.R., 247 So. 2d 446 (Fla. 1st DCA 1971). Cases Citing This Book View Copy Cite
16 citation events across 3 distinct courts.
Strongest positive: State v. Firtell (flactyct6, 1985-09-09)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) State v. Firtell
Fla. Broward Cty. Ct. · 1985 · confidence medium
Bottom line, the State is saying, “We don’t know which of the two of you permitted your residence telephone to be used to make these numerous harassing calls, so we’ll just charge you both.” Aside from the facts that there is no husband-wife unity of interest, common-law or otherwise in the context of the criminal law, and that there is a husband-wife testimonial privilege, codified under Section 90.504, Florida Statutes, the charging procedure herein has been expressly condemned by the First District Court of Appeal in Majors, supra at 447-448.
Retrieving the full opinion text from the archive…
Martha Jean GRAY
v.
SEABOARD COAST LINE RAILROAD COMPANY, a foreign corporation, and W. B. Henderson
No. O-123.
District Court of Appeal of Florida, First District.
May 6, 1971.
247 So. 2d 446
Truett & Watkins, Tallahassee, for appellant., Ausley, Ausley, McMullen, McGehee & Carothers, Tallahassee, for appellees.
Johnson, Spector, Wigginton.
Published
PER CURIAM.

Plaintiff in a wrongful death action seeks reversal of a final judgment based upon a verdict directed in favor of defendant at the close of the evidence. The order granting defendant’s motion for directed verdict was upon the 'stated ground that the evidence established without dispute that plaintiff’s decedent was guilty of contributory negligence.

We have carefully reviewed the evidence as reflected by the record on appeal and fail to find therefrom any proof sufficient to raise a jury issue on the question of the decedent’s contributory negligence as a matter of law. The totality of the evidence, and all reasonable deductions which may be drawn therefrom, points only to the one conclusion that it was the decedent’s negligence which contributed to or proximately caused his death. See Florida East Coast Ry. Co. v. Davis (1928), 96 Fla. 171, 117 So. 842; Atlantic Coast Line Railroad Company v. Walker (Fla.App.1959), 113 So.2d 420; O’Keefe v. Butler (Fla.App.1961), 126 So.2d 764.

The judgment appealed is affirmed.

JOHNSON, C. J., and WIGGINTON and SPECTOR, JJ., concur.