JAMES v. KUSH

No. 3998.

157 So.2d 203 (1963)

SUSAN DELORES JAMES, A MINOR, BY HER FATHER AND NEXT FRIEND, BENJAMIN T. JAMES, AND BENJAMIN T. JAMES, INDIVIDUALLY, APPELLANTS, v. JOSEPH KUSH, APPELLEE.

District Court of Appeal of Florida, Second District.

October 30, 1963.


Attorney(s) appearing for the Case

Mike Krasny, of Kelley, Stroud & Krasny, Eau Gallie, for appellants.

Monroe E. McDonald of Sanders, McEwan, Schwarz & Mims, Orlando, for appellee.


SMITH, Chief Judge.

The appellants were plaintiffs in an action at law seeking damages against the defendant-appellee. The complaint alleged that the minor plaintiff was injured when a limb fell from a dead tree located upon the property owned by the defendant. The limb fell on the minor plaintiff while she was on property adjoining that of the defendant. The plaintiffs secured service of process upon the defendant property owner, a non-resident, pursuant to §...

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