· 6/6/1973
DeJesus v. Seaboard Coast Line Railroad Company
Citations
- 281 So. 2d 198
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that violation of statute was negligence per se where statute protected motorists from danger of train collision
- holding that a violation of a statute, imposing upon a railroad a duty to protect road traffic from colliding with unlighted trains blocking the highway at night at an unlighted crossing, was negligence per se
- determining that violations of traffic regulations would not result in negligence per se but rather would only constitute evidence of negligence, noting that the court “has consistently distinguished [traffic regulations] from other penal statutes and ordinances.”
- noting that strict liability statute bars contributory negligence
- \Proof of violation of a traffic ordinance is prima facie evidence only of `negligence'; proximate cause and other elements of actionable negligence must be proven independently.\
- violation of statute requiring lights on railroad cars parked near intersection created private cause of action, and was negligence per se
Source: CourtListener parenthetical corpus (CC0).
Judges: Carlton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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