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ELLIOTT v. CITY OF LAKE CITY

Nos. K-364, K-365.

230 So.2d 161 (1969)

Barbara Ann ELLIOTT, a Widow, Appellant, v. The CITY OF LAKE City, Florida, a Florida Municipal Corporation, Appellee. J.D. COBB, As Administrator of the Estate of Thomas Dillard Elliott, Deceased, Appellant, v. The CITY OF LAKE CITY, Florida, a Florida Municipal Corporation, Appellee.

District Court of Appeal of Florida. First District.

Rehearing Denied January 27, 1970.

Attorney(s) appearing for the Case

Scruggs, Carmichael & Tomlinson, Gainesville, for appellants.

Brannon, Brown, Norris, Vocelle & Haley, Lake City, for appellee.

JOHNSON, Chief Judge.

This is an appeal from a final judgment based upon a jury's verdict in a consolidated trial of two cases arising out of the same incident.

The question on appeal is raised by the appellants in assigning error of the trial court in giving certain instructions to the jury. The quantum or merit of the evidence is not raised as an issue.

The instructions in question are:

(1) "The Plaintiff has charged that an employee of...

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