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MacMILLAN v. INSURANCE EXCHANGE BLDG.

58 So.2d 163 (1952)

MacMILLAN v. INSURANCE EXCHANGE BLDG., Inc.

Supreme Court of Florida, Division B.

April 4, 1952.

Attorney(s) appearing for the Case

Nat L. Williams, Miami, for appellant.

Dixon, DeJarnette & Bradford and James A. Dixon, all of Miami, for appellee.

MATHEWS, Justice.

This suit is a tort action for personal injuries received by the appellant as a result of an accident in an elevator in a building owned by the appellee. To the complaint the appellee filed answer, raised the general issue denying negligence on the part of the appellee and further alleged contributory negligence on the part of the appellant as follows:

"Further answering said complaint this defendant avers that if the condition as described...

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