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BYRD v. BOOTH

No. 789.

110 So.2d 37 (1959)

Melvin BYRD, Appellant, v. John Wesley BOOTH and J.C. Davis, Appellees.

District Court of Appeal of Florida. Second District.

March 20, 1959.

Attorney(s) appearing for the Case

S.L. Holland, Jr., Crofton, Wilson & Brewer, Titusville, for appellant.

Alton G. Pitts, Maguire, Voorhis & Wells, Orlando, for appellees.

ALLEN, Judge.

The appellant was the plaintiff below and the appellees were the defendants. The complaint was based on negligence arising from a motor vehicle collision. The defendants filed an answer alleging contributory negligence on plaintiff's part. The defendants took the deposition of the plaintiff and the plaintiff took the deposition of the defendant, John Wesley Booth, the driver of the defendant's oil truck. The defendants filed a motion for summary judgment...

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