AMERICAN CASUALTY COMPANY v. PEARCE

No. 140.

101 So.2d 440 (1958)

AMERICAN CASUALTY COMPANY, individually and for the Use and Benefit of Ernest SMITH, Appellant, v. Walter G. PEARCE, Appellee.

District Court of Appeals of Florida. Second District.

Rehearing Denied April 4, 1958.


Attorney(s) appearing for the Case

James A. Franklin, Jr. (of Henderson, Franklin, Starnes & Holt), Ft. Myers, for appellant.

Frank B. Watson, Jr. (of Mellor & Watson), Ft. Myers, for appellee.


SHANNON, Judge.

The appellant was the plaintiff below in a negligence action against the appellee. After the jury had returned a verdict for the appellant, the trial court granted the appellee's motion for a directed verdict, upon which he previously had reserved ruling and the appellant appealed and assigns as error the granting of such motion. Smith, the appellant-plaintiff below, was a member of the Ft. Myers police force. The appellee-defendant was the employer...

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