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FLORIDA EAST COAST RAILWAY COMPANY v. STEWART

Nos. 61-456, 61-514.

140 So.2d 880 (1962)

FLORIDA EAST COAST RAILWAY COMPANY, a Florida Corporation, Appellant, v. Virgie STEWART, As Widow and As Personal Representative of Monroe Stewart, Deceased; and Sinclair Refining Company, a Foreign Corporation, Appellees. SINCLAIR REFINING COMPANY, a Foreign Corporation, Appellant, v. Virgie STEWART, As Widow and As Personal Representative of Monroe Stewart, Deceased; and Florida East Coast Railway Company, a Florida Corporation, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied May 28, 1962.

Attorney(s) appearing for the Case

Bolles & Prunty, Miami, for Florida East Coast Ry. Co.

Ross, Reinhardt & Preddy, Miami, and Mathews, Osborne & Ehrlich, Jacksonville, for Sinclair Refining Co.

Frates & Fay and Kenneth L. Ryskamp, Miami, for appellee Virgie Stewart.

Before PEARSON, TILLMAN, C.J., and CARROLL and HENDRY, JJ.

HENDRY, Judge.

The above-styled appeals have been consolidated for purposes of oral argument and this opinion shall be determinative of both such appeals.

Plaintiff below, Virgie Stewart, brought an action against the Florida East Coast Railway Company, hereinafter called Railroad and Sinclair Refining Company, hereinafter called Sinclair. The complaint sets forth, inter alia, that the plaintiff's husband, Monroe Stewart, an employee of Railroad, was killed...

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