STRICKLAND v. ATLANTIC COAST LINE RAILROAD CO.

No. H-389.

194 So.2d 69 (1967)

Rosamond STRICKLAND, As Guardian of the Estate of Phyllis E. Gay and Jack M. Humphreys, Minors, Appellant, v. ATLANTIC COAST LINE RAILROAD COMPANY, a Corporation, P.L. Bainbridge and Joseph Nareski, Appellees.

District Court of Appeal of Florida. First District.

January 19, 1967.


Attorney(s) appearing for the Case

M.S. Dunay and Lewis, Paul & Bennett, Jacksonville, for appellant.

Kurz, Toole, Martin, Booth & Taylor, Jacksonville, for appellees.

Charles T. Boyd of Boyd, Jenerette & Leemis, Jacksonville, for Joseph Nareski.


SACK, Judge.

This case presents the question of whether a husband whose negligence or gross negligence caused or contributed to the death of his wife forfeits his right of action under the Wrongful Death Act, F.S. § 768.01, et seq. F.S.A. thereby permitting such an action to be maintained by his stepchildren, the natural children of the deceased wife, against him and a co-tortfeasor.

The appellant, plaintiff below, is guardian of the estates of the two...

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