Opinion
Opinion Filed October 24, 1938.
Rehearing Denied November 23, 1938.
A writ of error to the Circuit Court for Hillsborough County, Harry N. Sandler, Judge.
Knight, Thompson Sutton and John Bell, for Plaintiffs in Error;
Claibourne M. Phipps and McKay, Macfarlane, Jackson, Ramsey, for Defendant in Error.
The order herein granting a new trial upon a directed verdict for the defendant receivers of the railway company is affirmed on the authority of L.R. Powell, Jr., and Henry W. Anderson, as Receivers of Seaboard Railway Company, vs. Jackson Grain Company, a corporation, filed herewith. See page 596 of this Report.
Affirmed.
WHITFIELD, TERRELL, BROWN, BUFORD and CHAPMAN, J.J., concur.
ELLIS, C.J., dissents.
ON REHEARING
On the authority of the opinion in L.R. Powell, Jr., and Henry W. Anderson, as Receivers of Seaboard Airline Railway Company, a corporation, Plaintiffs in Error, vs. Jackson Grain Company, a corporation, Defendant in Error, this day filed, a rehearing herein is denied.
TERRELL, C.J. and WHITFIELD, BROWN, BUFORD, and CHAPMAN, J.J., concur.
THOMAS, J., not participating.