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THERIAULT v. ROGERS

No. 63-815.

166 So.2d 820 (1964)

Albert John THERIAULT, Jr., Appellant, v. Sellers B. ROGERS and William Bruce Rogers, a minor, by and through his father and next friend, Sellers B. Rogers, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied September 10, 1964.

Attorney(s) appearing for the Case

Dean, Adams & Fischer, Miami, for appellant.

Matthews & Quinton, Miami, for appellees.

Before CARROLL, TILLMAN PEARSON and HENDRY, JJ.

HENDRY, Judge.

Defendant-appellant's principal contention is that the trial court erred in failing to grant his motion for directed verdict.

The facts, viewed in the light most favorable to the plaintiffs, and giving them every possible inference in their favor, are as follows:

On September 3, 1960 the appellee, William Bruce Rogers (hereafter referred to as "Billy"), age 9, went fishing with his friend,...

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