McARTHUR v. ST. LOUIS-SAN FRANCISCO RAILWAY CO.

No. U-168.

306 So.2d 575 (1975)

Preston E. McARTHUR, Sr., Individually, and As Administrator of the Estate of Preston E. McArthur, Jr., Deceased, Appellant, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 10, 1975.


Attorney(s) appearing for the Case

Wilmer H. Mitchell of Holsberry, Emmanuel, Sheppard, Mitchell & Condon, Pensacola, for appellant.

Robert P. Gaines of Beggs, Lane, Daniel, Gaines & Davis, Pensacola, for appellee.


BOYER, Acting Chief Judge.

This appeal is from a final judgment entered pursuant to a jury verdict in favor of the defendant, appellee here, in a wrongful death action filed by appellant arising out of the death of appellant's son in a highway grade-crossing collision. The appellee has cross-appealed, assigning as error the denial by the trial judge of its motion for summary judgment based upon its claim that the statute of limitations barred this action.

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