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CITY OF WILLISTON v. CRIBBS

82 So.2d 150 (1955)

CITY OF WILLISTON, Appellant, v. Lillie Allie CRIBBS, a widow, Appellee.

Supreme Court of Florida. En Banc.

Rehearing Denied September 15, 1955.

Attorney(s) appearing for the Case

J. Frank West, Williston, and Scruggs & Carmichael, Gainesville, for appellant.

Lazonby, Dell, Graham & Mills, Gainesville, for appellee.

HOBSON, Justice.

The history and the facts of this case are stated in the opinion prepared by Mr. Associate Justice Patterson.

This court long ago adopted the rule that ordinarily the defenses of contributory negligence, Atlantic Coast Line R. Co. v. Gary, Fla., 57 So.2d 10, and assumption of risk, Wilson & Toomer Fertilizer Co. v. Lee, 90 Fla. 632, 106 So. 462, present issues which should be resolved by the jury. However...

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