MARION CARTER, APPELLANT,
v.
ATLANTIC COAST LINE RAILROAD COMPANY, A FOREIGN CORPORATION, APPELLEE

Fla. 2d DCA | 1959-06-26
No. 781
KANNER, C. J., and ALLEN, J., concur., WALDEN, JAMES H., Associate Judge, dissents.
113 So. 2d 412 Florida District Court of Appeal, Second District (1959) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed.

KANNER, C. J., and ALLEN, J., concur.

WALDEN, JAMES H., Associate Judge, dissents.

WALDEN, JAMES H., A. J.

(dissenting).

I dissent for that I strongly believe that the case should have been submitted to the jury in the court below by authority of the cases of Atlantic Coast Line R. Co. v. Johnston, Fla.1954, 74 So.2d 689 ; Hutton v. Atlantic Coast Line Railroad Company, Fla.1957, 92 So.2d 528; and Atlantic and St. Andrews Bay Ry. Co. v. Church, 212 F.2d 688. It is my view, therefore, that the judgment of the trial court should be reversed and the cause remanded for a new trial.

Dissent
WALDEN, JAMES H., A. J.

(dissenting).

I dissent for that I strongly believe that the case should have been submitted to the jury in the court below by authority of the cases of Atlantic Coast Line R. Co. v. Johnston, Fla.1954, 74 So. 2d 689 ; Hutton v. Atlantic Coast Line Railroad Company, Fla.1957, 92 So. 2d 528; and Atlantic and St. Andrews Bay Ry. Co. v. Church, 212 F. 2d 688. It is my view, therefore, that the judgment of the trial court should be reversed and the cause remanded for a new trial.


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