HALL v. HUGHEY

No. 425.

104 So.2d 849 (1958)

James M. HALL, Appellant, v. Josephine M. HUGHEY and Royal Crown-Nehi Bottling Company, Inc., a corporation, Appellees.

District Court of Appeal of Florida. Second District.

September 5, 1958.


Attorney(s) appearing for the Case

Hornsby & Lee, Orlando, for appellant.

Sanders, McEwan & Berson, Orlando, for appellee, Josephine M. Hughey.


KANNER, Chief Judge.

The trial judge determined that the allegations of the appellant's second amended complaint were insufficient to create an issuable fact of "gross negligence" under the "guest statute". Appellant announced that he did not desire to further amend his complaint; as a consequence the court entered final judgment for appellee. The appeal is from that judgment.

The guest statute is applicable where the rider is the guest receiving his carriage...

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