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SEABOARD COAST LINE RAILROAD COMPANY v. HILL

No. 41472.

270 So.2d 359 (1972)

SEABOARD COAST LINE RAILROAD COMPANY, Petitioner, v. Carolyn HILL, As Widow of Lester George Hill, Jr., Respondent.

Supreme Court of Florida.

Rehearing Denied January 12, 1973.

Attorney(s) appearing for the Case

Manley P. Caldwell and Arthur E. Barrow of Caldwell, Pacetti, Barrow & Salisbury, Palm Beach, and Charles S. Ausley, Tallahassee, for petitioner.

William Frates, II, of Beverly & Frates, West Palm Beach, for respondent.

Edward S. Corlett, III, of Corlett, Merritt, Killian & Okell, Miami, and A. Frank O'Kelley, of Keen, O'Kelley & Spitz, Tallahassee, for Florida Defense Lawyers Association.

Robert Orseck, of Podhurst, Orseck & Parks, Miami, for Academy of Florida Trial Lawyers, as amici curiae.

BOYD, Justice.

This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, Fourth District, reported at 250 So.2d 311, a decision certified as passing upon a question of great public interest, to-wit:

"Whether or not, in a wrongful death action under Section 768.02, F.S. 1969, [F.S.A.], brought by one spouse to collect damages resulting from the wrongful death of the...

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