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NEWTON v. MITCHELL

42 So.2d 53 (1949)

NEWTON v. MITCHELL et al.

Supreme Court of Florida, en Banc.

Rehearing Denied September 21, 1949.

Attorney(s) appearing for the Case

Rosin & Paderewski, Sarasota, for appellants.

Carver, Langston & Carver, Lakeland, for appellees.

THOMAS, Justice.

Two trucks, one owned by the appellant J.L. Newton and driven by his employee, the other owned by Fondren Mitchell, Guyton Mitchell, and Virginia S. Mitchell and driven by Charles P. Hardin, collided. The vehicles were demolished; Hardin was killed; and the other driver was injured.

Two actions resulted. The Mitchells, who had become assignees, under Section 440.39, Florida Statutes 1941, and F.S.A...

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