BAKER v. STOLLEY

Nos. D-423, D-424.

155 So.2d 809 (1963)

Evelyn J. BAKER, Appellant, v. John M. STOLLEY, Appellee. Evelyn J. BAKER, as Administratrix of the Estate of John W. Montgomery, Deceased, Appellant, v. John M. STOLLEY, Appellee.

District Court of Appeal of Florida. First District.

Rehearing Denied September 11, 1963.


Attorney(s) appearing for the Case

Norton, Wood & Moore, Jacksonville, for appellant.

Howell, Kirby, Montgomery & Sands, Jacksonville, for appellee.


RAWLS, Judge.

Plaintiff-appellant Evelyn Baker, mother of the minor decedent, appealed from an adverse directed verdict in a wrongful death action.

On January 5, 1961, about 1:30 P.M. on a clear day, John Montgomery, a twenty year old experienced horseman, was riding his quarter horse on the right shoulder of 103rd Street, Jacksonville. Riding with decedent about ten feet to his rear was his friend Donald Mansell who testified that Montgomery's horse was ...

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