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GORDON v. SUTHERLAND

No. 60-448.

131 So.2d 520 (1961)

Kathryn C. GORDON, Individually, as surviving wife of Earl Franklin Gordon, deceased, and as executrix of the Estate of Earl Franklin Gordon, deceased, Appellant, v. George A. SUTHERLAND, Albert A. Barnhard and George R. Trogdin, individually, and as co-partners d/b/a Bar-T-South Ranch, Appellees.

District Court of Appeal of Florida. Third District.

Adhered to After Rehearing July 12, 1961.

Attorney(s) appearing for the Case

Welsh, Cornell, Pyszka & Carlton; Sam Daniels, Miami, for appellant.

Charles C. Papy, Jr., Miami, for appellees.

Before HORTON, C.J., and PEARSON, TILLMAN, and CARROLL, CHAS., JJ.

PEARSON, TILLMAN, Judge.

The plaintiff, Kathryn C. Gordon, individually and as executrix of her husband's estate, appeals from a final judgment entered pursuant to an order directing a verdict for the defendants at the close of the plaintiff's case. The question presented is whether the evidence is sufficient to make a case of actionable negligence.

Plaintiff-wife and her deceased husband were driving on a two-lane state highway. Mr. Gordon, the deceased,...

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