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McDONALD v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 62-676.

155 So.2d 625 (1963)

Lloyd D. McDONALD, Appellant, v. ATLANTIC COAST LINE RAILROAD COMPANY, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied August 27, 1963.

Attorney(s) appearing for the Case

Miller, Cone, Owen, Wagner & Nugent and James Nemec, West Palm Beach, for appellant.

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

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

HENDRY, Judge.

The plaintiff appeals from an adverse summary final judgment entered in favor of the defendant railroad. The pleadings, interrogatories and depositions (including that of the plaintiff) on file reveal the following undisputed facts: (1) An accident occurred at approximately 4:45 A.M. outside the town of Mulberry, Polk County, Florida on a foggy morning; (2) the plaintiff was driving a large tractor-trailer unit, approximately 50 feet long, having 34...

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