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ZADAN v. COHEN

No. 60-326.

127 So.2d 466 (1961)

Marcia ZADAN, a minor, by her father and next friend, Henry Zadan; and Henry Zadan, individually, Appellants, v. Albert COHEN, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied March 24, 1961.

Attorney(s) appearing for the Case

Nichols, Gaither, Green, Frates & Beckham and Sam Daniels, Miami, for appellants.

Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, Miami, for appellee.

PEARSON, Judge.

Marcia Zadan, a minor, by her father, Henry Zadan, and Henry Zadan, individually, sued Albert Cohen for injuries sustained by the child when she was struck by a car owned and operated by the defendant. The jury found for the defendant; final judgment was entered and the plaintiffs appeal. Appellants have presented only one point based upon one assignment of error. The assignment is as follows:

"The court erred in charging the jury that:

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