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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.