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CARTER v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 781.

113 So.2d 412 (1959)

Marion CARTER, Appellant, v. ATLANTIC COAST LINE RAILROAD COMPANY, a foreign corporation, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied July 20, 1959.

Attorney(s) appearing for the Case

Nichols, Gaither, Green, Frates & Beckham, Miami; and Icard, Merrill & Cullis, Sarasota, for appellant.

Allen, Dell, Frank & Trinkle, Tampa, for appellee.

PER CURIAM.

Affirmed.

KANNER, C.J., and ALLEN, J., concur.

WALDEN, JAMES H., Associate Judge, dissents.

WALDEN, JAMES H., A.J. (dissenting).

I dissent for that I strongly believe that the case should have been submitted to the jury in the court below by authority of the cases of Atlantic Coast Line R. Co. v. Johnston, Fla. 1954, 74 So.2d 689; Hutton v. Atlantic Coast Line Railroad Company, Fla. 1957...

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