WHITMAN v. RED TOP SEDAN SERVICE, INC.

No. 68-262.

218 So.2d 213 (1969)

Harry WHITMAN, Individually, and As Husband of the Deceased, Rachel Whitman, and Harry Whitman, As the Administrator Cta of the Estate of Rachel Whitman, Deceased, Appellant, v. RED TOP SEDAN SERVICE, INC., and William DiLenge, Jointly and Severally, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied February 20, 1969.


Attorney(s) appearing for the Case

Kastenbaum, Mamber, Gopman, Epstein & Miles, Miami Beach, for appellant.

Preddy, Haddad, Kutner & Hardy, and Walter E. Mackoul, Miami, for appellees.

Before CHARLES CARROLL, C.J., and PEARSON and BARKDULL, JJ.


CHARLES CARROLL, Chief Judge.

On September 1, 1965, the appellant Harry Whitman and his wife, the decedent Rachel Whitman, were paying passengers in a bus-like motor vehicle, commonly referred to as an airport-limousine, being driven by one William DiLenge, as the employee of Red Top Sedan Service, Inc., a common carrier, owner of the vehicle. The limousine was involved in a collision with an automobile at the intersection of Collins Avenue and 22nd Street on Miami...

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