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BERNE v. PETERSON

No. 58-737.

113 So.2d 718 (1959)

Daniel R. BERNE, Appellant, v. E.J. PETERSON, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied August 12, 1959.

Attorney(s) appearing for the Case

Rassner, Miller & Roth, Miami, for appellant.

Dixon, DeJarnette, Bradford & Williams and William J. Flynn, Miami, for appellee.

CARROLL, CHAS., Chief Judge.

Appellant Daniel R. Berne, plaintiff below, appeals from a summary judgment for the defendant, the appellee E.J. Peterson.

By his complaint filed in the circuit court in Dade County plaintiff had sought to recover damages for injuries allegedly received by him while riding as a passenger in defendant's automobile, due to simple negligence of the defendant who was driving. The plaintiff claimed to be excused from the need to show...

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