Opinion
No. 781.
June 26, 1959. Rehearing Denied July 20, 1959.
Appeal from Circuit Court, Hillsborough County; L.L. Parks, Judge.
Nichols, Gaither, Green, Frates Beckham, Miami; and Icard, Merrill Cullis, Sarasota, for appellant.
Allen, Dell, Frank Trinkle, Tampa, for appellee.
Affirmed.
KANNER, C.J., and ALLEN, J., concur.
WALDEN, JAMES H., Associate Judge, dissents.
I dissent for that I strongly believe that the case should have been submitted to the jury in the court below by authority of the cases of Atlantic Coast Line R. Co. v. Johnston, Fla. 1954, 74 So.2d 689; Hutton v. Atlantic Coast Line Railroad Company, Fla. 1957, 92 So.2d 528; and Atlantic and St. Andrews Bay Ry. Co. v. Church, 212 F.2d 688. It is my view, therefore, that the judgment of the trial court should be reversed and the cause remanded for a new trial.