McALLISTER v. TUCKER


93 So.2d 83 (1957)

Susie Belle McALLISTER, Appellant, v. Robert Linwood TUCKER and Seaboard Air Line Railroad Company, a corporation, Appellees.

Supreme Court of Florida, En Banc.

Rehearing Denied March 21, 1957.


Attorney(s) appearing for the Case

Claude Pepper Law Offices, Claude Pepper, Neal Rutledge and Jordan Bittel, Miami, for appellant.

Smathers, Thompson, Maxwell & Dyer, Douglas D. Batchelor, David W. Dyer and L.S. Bonsteel, Miami, for appellees.


TERRELL, Chief Justice.

In our opinion filed March 16, 1956 (first consideration), we reviewed the final judgment of the trial court in which he set aside the verdict of the jury and entered judgment for defendants on the ground that the evidence shows "the sole proximate cause of the accident which gave rise to this action was the negligence of the plaintiff's deceased husband." After thorough review of the evidence we entered the following order:

"We are...

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