MACASPHALT CORP. v. MURPHY


67 So.2d 438 (1953)

MACASPHALT CORP. v. MURPHY.

Supreme Court of Florida, en Banc.

Rehearing Denied October 23, 1953.


Attorney(s) appearing for the Case

Arthur Simpson, of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellant.

James Whitehurst, of S. Whitehurst's Sons, Brooksville, for appellee.


SEBRING, Justice.

This is an appeal from a final judgment of the Circuit Court of Hernando County in a negligence action brought by the appellee, as plaintiff below, against the appellant, Macasphalt Corporation. The jury returned a verdict in favor of the plaintiff, motion for new trial was denied, and judgment was entered. The appeal is from the judgment.

The record shows that the accident happened in the nighttime. The defendant was the owner of a pickup...

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