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MARTINIQUE HOTEL, INC. v. TAYLOR

No. 61-466.

139 So.2d 916 (1962)

MARTINIQUE HOTEL, INC., a Florida Corporation, Appellant, v. Yetta TAYLOR, Appellee.

District Court of Appeal of Florida. Third District.

April 17, 1962.

Attorney(s) appearing for the Case

Papy Talburt & Carruthers, Miami, for appellant.

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

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

PER CURIAM

The defendant appeals an order granting plaintiff's motion for new trial. The trial judge set forth the ground:

"The Court is concerned with certain of the jury instructions in this cause which, in my opinion, misled the jury in their deliberations. There were two issues in this cause, negligence and/or nuisance. "In reviewing the jury charges, the Court is now of the belief that the jury was misled on the applicable law. The Court's...

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