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ALEXANDER v. FLORIDA EAST COAST RAILWAY COMPANY

No. 68-579.

218 So.2d 478 (1969)

Edward Bruce ALEXANDER and Leon Alexander, Appellants, v. The FLORIDA EAST COAST RAILWAY COMPANY, a Corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied February 25, 1969.

Attorney(s) appearing for the Case

Tobias Simon, Miami, for appellants.

Bolles, Goodwin, Ryskamp & Ware, Miami, for appellee.

Before CHARLES CARROLL, C.J., and HENDRY and SWANN, JJ.

SWANN, Judge.

The Alexanders, father and son, appeal from a summary final judgment for the defendant railroad company, in a negligence suit.

Their suit was filed against the City of Miami, Florida, and the railroad and is still pending against the city in the trial court.

The following facts are assumed to be correct for purposes of this appeal only.

At night on December 29, 1966, the plaintiff, Edward Bruce Alexander, drove a motor vehicle...

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