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ST. LOUIS & S.F.R. CO. v. WILSON

No. 47278.

338 So.2d 192 (1976)

ST. LOUIS & SAN FRANCISCO RAILROAD COMPANY, Petitioner, v. Inez WILSON, Respondent.

Supreme Court of Florida.

Rehearing Denied July 9, 1976.

Attorney(s) appearing for the Case

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

R.P. Warfield of Levin, Warfield, Graff, Mabie & Rosenbloum, Pensacola, for respondent.

OVERTON, Chief Justice.

This cause is before us on petition for writ of certiorari to review a decision of the First District Court of Appeal reported at 309 So.2d 604 (Fla.App. 1st 1975). Conflict is asserted with Hoffman v. Jones, 280 So.2d 431 (Fla. 1973). We hold the District Court misapplied the rules allowing retrial under the doctrine of comparative negligence as set forth in

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