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MARTIN v. FAVORATO

79 So.2d 780 (1955)

John W. MARTIN, as Trustee of the Property of Florida East Coast Railway, a Corporation, Appellant, v. Ceasar FAVORATO, doing business as Hollywood Tile & Terrazzo Co., Appellee.

Supreme Court of Florida. Special Division B.

April 27, 1955.

Attorney(s) appearing for the Case

Anderson, Scott, McCarthy & Preston, William B. Killian, Miami, and Russell L. Frink, Jacksonville, for appellant.

Varon & McMorrough and Ray Sandstrom, Hollywood, for appellee.

THOMAS, Justice.

The appellee sued the appellant to recover for damage to appellee's truck claimed to have resulted from the negligent operation of the appellant's train when it collided with the truck at a crossing.

The jury returned a verdict of $10,000 which was reduced to $5,718.65 when the court denied the motion for new trial upon the condition that a remittitur of $4,281.35 be entered. The exact amount of the...

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