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SOUTHERN RAILWAY COMPANY v. WOOD

No. I-156.

198 So.2d 834 (1967)

SOUTHERN RAILWAY COMPANY, a Corporation, Appellant, v. Irma Ruth Kirkland WOOD, As Administratrix of the Estate of James Powell Wood, Deceased, Appellee.

District Court of Appeal of Florida. First District.

Rehearing Denied June 8, 1967.

Attorney(s) appearing for the Case

James E. Cobb, of Mathews, Osborne & Ehrlich, Jacksonville, for appellant.

John I. Todd, Jr., of Howell, Kirby, Montgomery, Sands & D'Aiuto, Jacksonville, for appellee.

WIGGINTON, Judge.

This is the third appearance of this case before this court.1 On the last appearance we remanded the cause to the trial court for a new trial on the sole issue of whether plaintiff's decedent was an employee of defendant railway company at the time he received the injuries which resulted in his death. It was and is the contention of defendant that at all times pertinent to this controversy plaintiff's decedent was an...

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