Opinion
November 4, 1952. Rehearing Denied December 12, 1952.
Appeal from the Circuit Court for Palm Beach County, Joseph S. White, J.
J. Luther Drew, Phil O'Connell and James Nemec, West Palm Beach, for appellant.
Loftin, Anderson, Scott, McCarthy Preston, Robert H. Anderson, Miami, Russell L. Frink, Jacksonville, William S. Frates and Francis W. Sams, Miami, for appellees.
This is an appeal from an order granting a new trial after verdict in favor of the plaintiff-appellant, in a suit to recover for injuries sustained in a railroad crossing collision.
It is well settled that an order granting a new trial will not be disturbed by this court except upon a clear showing of an abuse of the trial judge's judicial discretion. Dent v. Margaret Ann Super Markets, Inc., Fla., 52 So.2d 130; Florida Coastal Theatres, Inc., v. Belflower, 159 Fla. 741, 32 So.2d 738. No such showing having been here made, the order appealed from should be and it is hereby
Affirmed.
SEBRING, C.J., MATHEWS, J., and FABISINSKI, Associate Justice, concur.