HAUGH v. CURLEE

No. 17519.

265 F.2d 130 (1959)

Marcella A. HAUGH, Appellant, v. J. R. CURLEE, Appellee.

United States Court of Appeals Fifth Circuit.

March 25, 1959.


Attorney(s) appearing for the Case

Fred C. Davant, Miami, Fla. (Boardman, Bolles, Davant & Lloyd, Miami, Fla., on the brief), for appellant.

Frank A. Howard, Jr., A. Lee Bradford, Miami, Fla. (Dixon, DeJarnette, Bradford & Williams, Miami, Fla., on the brief), for appellee.

Before RIVES and TUTTLE, Circuit Judges, and SIMPSON, District Judge.


PER CURIAM.

Appellant, plaintiff below, sued to recover for personal injuries received in an automobile collision. The jury returned a verdict for defendant. Two questions are sought to be presented to this Court. (1) Under the facts and circumstances of this case, does the law of Florida require a charge to the jury on the "last clear chance" doctrine? (2) Did the district court abuse its discretion in not granting a new trial based on newly discovered evidence?...

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