UNITED STATES FIDELITY & GUAR. CO. v. REED CONST. CORP.

No. 62-275.

149 So.2d 578 (1963)

UNITED STATES FIDELITY AND GUARANTY COMPANY, a foreign corporation, individually and for the Use and Benefit of Annie B. Berdeaux, Appellant, v. REED CONSTRUCTION CORPORATION, a Florida corporation, and Harold B. Ross, Appellees.

District Court of Appeal of Florida. Third District.

February 12, 1963.


Attorney(s) appearing for the Case

Fowler, White, Gillen, Humkey & Trenam, and Henry Burnett, Miami, for appellant.

Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell, Miami, for appellees.

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


HORTON, Judge.

The appellant, plaintiff below, seeks review of an adverse final order of dismissal in a wrongful death action. We reverse.

The complaint alleged, inter alia, that Virgil Berdeaux, the deceased, was a passenger on a motor vessel owned by the appellee, Reed Construction Corporation, and operated by its employee, the appellee Ross, and that, due to the negligence and carelessness of Ross, the vessel struck a stump marker in Biscayne Bay with resultant...

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