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HORTON v. LOUISVILLE & N.R. CO.

61 So.2d 406 (1952)

HORTON v. LOUISVILLE & N.R. CO.

Supreme Court of Florida, Special Division A.

As Modified on Rehearing November 14, 1952.

Attorney(s) appearing for the Case

D.W. Berry, Pensacola, for appellants.

Yonge, Beggs & Lane, Pensacola, for appellee.

As Modified on Rehearing en Banc November 14, 1952.

MATHEWS, Justice.

This appeal grows out of the death of John Murray Horton, a minor, at a railroad crossing in Escambia County. In an amended declaration the appellee filed a motion to dismiss upon the following grounds:

"(1) The complaint fails to charge any act of negligence against the defendant. "(2) It affirmatively appears that the defendant was guilty of no negligence in connection...

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