MOTHERSHED v. ATLANTIC COAST LINE R. CO.


64 So.2d 266 (1953)

Chalmers T. MOTHERSHED, Appellant, v. ATLANTIC COAST LINE R. CO., a Corporation, and C.J. Peckham, Appellees.

Supreme Court of Florida, en Banc.

Rehearing Denied April 28, 1953.


Attorney(s) appearing for the Case

Raymond Sheldon and Mabry, Reaves, Carlton, Anderson, Fields & Ward, Tampa, for appellant.

Charles Cook Howell, Jr., Jacksonville, LeRoy Allen and Ralph C. Dell, Tampa, for appellees.


PER CURIAM.

Affirmed.

TERRELL, THOMAS, SEBRING and ROBERTS, JJ., concur.

HOBSON, C.J., and DREW, J., dissent.

MATHEWS, J., not participating.

DREW, Justice (dissenting).

In Seaboard Air Line Railway Co. v. Martin, Fla., 56 So.2d 509, we held that the lower court properly instructed the jury on the doctrine of the last clear chance. We further held that such doctrine applied even though the...

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