SPITZER MOTORS OF MIAMI, INC. v. GATES

No. 62-111.

144 So.2d 877 (1962)

SPITZER MOTORS OF MIAMI, INC., Appellant, v. Lenore GATES, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied October 18, 1962.


Attorney(s) appearing for the Case

Dean, Adams, Fischer & Gautier and Jeanne Heyward, Miami, for appellant.

Sheldon J. Schlesinger, Hollywood, for appellee.

Before HORTON, CARROLL and HENDRY, JJ.


PER CURIAM.

Affirmed.

CARROLL, Judge (dissenting).

The appellee recovered a judgment based on a jury verdict, for damages for injuries received when she fell on appellant's business premises. I agree with the majority that negligence was shown, but would reverse for new trial for refusal to charge on contributory negligence, as to which, in my opinion, the evidence presented a jury question. I, therefore, respectfully...

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