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ELOWSKY v. GULF POWER COMPANY

No. F-96.

172 So.2d 643 (1965)

James E. ELOWSKY and Angela Frances Elowsky, husband and wife, Appellants, v. GULF POWER COMPANY, a corporation, and D.H. Matthews, doing business as Matthews Tree Surgery Company, Appellees.

District Court of Appeal of Florida. First District.

March 16, 1965.

Attorney(s) appearing for the Case

Cummings & Tarbuck, Pensacola, for appellants.

Frank C. Bozeman, of Beggs, Lane, Daniel, Gaines & Davis, Pensacola, for appellees.

STURGIS, Chief Judge.

Appellants, successful plaintiffs below, appeal from an order requiring them to enter a remittitur of $300.00, otherwise granting a new trial on the issue of damages.

Plaintiffs' amended complaint against Gulf Power Company and D.H. Matthews, d/b/a Matthews Tree Surgery Company, charged that on or about August 20, 1962, the defendants encroached upon plaintiffs' real property and without their...

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