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MIAMI BEACH FIRST NATIONAL BANK v. FUCHS

No. 61-127.

137 So.2d 846 (1962)

The MIAMI BEACH FIRST NATIONAL BANK, a Florida Corporation, and Miriam G. Hazelkorn, Co-Executors of the Estate of Edythe Grodson, Deceased, Appellants, v. Anna L. FUCHS, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied March 6, 1962.

Attorney(s) appearing for the Case

Blackwell, Walker & Gray and John R. Hoehl, Miami, for appellants.

Fowler, White, Gillen, Humkey & Trenam and Henry Burnett, Miami, William Rosenberger, Jr., Lynchburg, Va., for appellee.

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

CARROLL, Judge.

The plaintiff-appellee was injured in an automobile accident which occurred in Georgia, while a passenger in a car driven by her sister Edythe L. Grodson, who, in attempting to pass a truck, collided head-on with another car. The drivers of the two cars were killed. The trailer-truck proceeded on. Plaintiff was sleeping and did not witness the accident. She sued the executors of her deceased sister's estate in Dade County, Florida, alleging gross negligence...

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