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MELE v. SUMMERS

No. 923.

113 So.2d 254 (1959)

Alphonse Marcel MELE and Helen Shaffer Mele, husband and wife, Appellants, v. William Honley SUMMERS and Wilson and Toomer Fertilizer Co., a corporation, Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied July 10, 1959.

Attorney(s) appearing for the Case

Ives, McIntosh & Davis, West Palm Beach, for appellants.

Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellees.

MURPHREE, JOHN A.H., Associate Judge.

The automobile owned by Mr. and Mrs. Mele, and driven by Mr. Mele, collided with a truck owned by Wilson and Toomer Fertilizer Company and driven by its employee, Summers. The Meles sued the owner and driver of the truck for damages caused by the alleged negligence of Summers. Negligence was denied and the defense of contributory negligence was interposed.

At the close of the plaintiffs' case there was a motion for a directed...

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