L. A. METCALF AND ALPHA METCALF, HIS WIFE,
v.
MARY OLA BARROW, A WIDOW, ERESS E. MATTHEWS, JOINED BY HER HUSBAND, W. S. MATTHEWS, JULIA MITCHELL, JOINED BY HER HUSBAND, JOHN F. MITCHELL, AND WALTON H. OWENS

Fla. | 1942-06-30
BROWN, C. J., WHITFIELD, TERRELL, BUFORD, CHAPMAN and ADAMS, JJ., concur., THOMAS, J., dissents.
150 Fla. 847 Florida Supreme Court (1942) Negative Treatment
Also reported at: 9 So. 2d 98
Cited by 28 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

The record and the briefs in this case have been examined and the judgment appealed from is reversed on authority of the companion case of Green v. Barrow, et al., decided May 19, 1942, the questions in each case being similar.

Reversed.

*848BROWN, C. J., WHITFIELD, TERRELL, BUFORD, CHAPMAN and ADAMS, JJ., concur.

THOMAS, J., dissents.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (14 total)

  • McKIBBEN v. Mallory, 293 So. 2d 48 (Fla. 1974)
    …und at common law in a bald repeal, without more. Rather, we interpret this as an indication of intent that existing rights under the old statute should survive.” See also: Chism v. Phelps, supra; Haddock v. Florida Motor Lines Corp., 150 Fla. 848, 9 So. 2d 98 (1942); 77 A.L.R. 1338; Shinners v. Royal Coal and Mining Co., 188 Ill.App. 335 (1914); Dance v. Martelli, 16 Ill.App.2d 122, 147 N.E. 2d 385 (1958). As expressed by the Legislature of Florida in Chapter 72-35, Laws of Florida, Section 768.17, the…
  • Garner v. Ward, 251 So. 2d 252 (Fla. 1971)
    …mother. Compare Powell v. Gessner, supra. The harsh result reached in Mock v. Evans Light & Ice Co., supra, as to Fla.Stat. § 768.03, F.S.A., was overruled in Haddock, for Use and Benefit of Wiggins v. Florida Motor Lines Corporation, 150 Fla. 848, 9 So. 2d 98 (1942). In this case, a minor child was killed. Although the father was living (but divorced), the mother brought suit. This Court stated: “It is insisted that the mother has no action because the statute places same only in the father. With this c…
  • Eusebio M. Martinez v. Rodriquez, 215 So. 2d 305 (Fla. 1968)
    …tive. CALDWELL, C. J., and ROBERTS and THORNAL, JJ., concur. ERVIN, J., dissents with Opinion. . F.S. Sec. 25.031, F.S.A.; Rule 4.61, Fla.App. Rules, 32 F.S.A. . Haddock, for Use and Benefit of Wiggins v. Florida Motor Lines Corp., 150 Fla. 848, 9 So. 2d 98; Covey v. Eppes, Fla.1963, 153 So. 2d 3; Burch v. Gilbert, Fla.App.1963, 148 So. 2d 289. See also cases collected 25A C.J.S. Death § 46 p. 713; 65A C.J.S. Negligence § 163, p. 209. . 83 So. 2d 587, 590. . “768.03 Parties in actions for death of mi…

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