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A.J. ORTON CONSTRUCTION COMPANY v. WOODWARD

No. 72-153.

280 So.2d 32 (1973)

A.J. ORTON CONSTRUCTION COMPANY, a Florida Corporation, Appellant, v. Clay William Cranston WOODWARD et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 23, 1973.

Attorney(s) appearing for the Case

Samuel H. Adams, West Palm Beach, for appellant.

Donald E. Brodbeck and Harry Lee Anstead of Simpson & Anstead, West Palm Beach, for appellee, Clay William Cranston Woodward.

John R. Beranek, of Jones, Paine & Foster, West Palm Beach, for appellees City of West Palm Beach, Rubin Construction Co. and Southern Bell Telephone and Telegraph Co.

PER CURIAM.

Affirmed.

REED, C.J., and MAGER, J., concur.

OWEN, J., dissents with opinion.

OWEN, Judge (dissenting):

Mr. Woodward sustained personal injuries when the motorcycle he was riding on South Olive Avenue in the City of West Palm Beach struck a trench extending across the roadway, causing him to be thrown from his motorcycle. His suit named as defendants the City of West Palm Beach, Rubin Construction Co., (the general contractor...

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