HENLEY v. CARTER


63 So.2d 192 (1953)

HENLEY v. CARTER et al. CARTER v. CARTER et al.

Supreme Court of Florida, Division A.

February 17, 1953.


Attorney(s) appearing for the Case

Will O. Murrell and Wm. O. Murrell, Jr., Jacksonville, for Melba Henley.

Walter G. Arnold, Jacksonville and Stanly Arnold, Susanville, for Marian Carter.

Howell & Howell, Jacksonville, for appellees.


TERRELL, Justice.

Both these appeals are from judgments in favor of defendants in personal injury actions that grew out of a common automobile accident, based on the Guest Statute, Section 320.59, F.S.A.

The sole point for determination is whether or not contributory negligence may be imposed as a defense in an action for personal injuries brought under the Guest Statute, which requires the claimant to show "gross negligence" and "willful and wanton misconduct...

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