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BOX v. SOUTH GEORGIA RAILWAY COMPANY

No. 1363.

298 F.Supp. 923 (1969)

Mary Lee BOX as guardian of Vera Mae Ellis, Bobby Lee Ellis, and Johnny D. Ellis, minors, and Sara Ellis, Plaintiffs, v. SOUTH GEORGIA RAILWAY COMPANY, a Georgia corporation, Defendant.

United States District Court N. D. Florida, Tallahassee Division.

April 11, 1969.

Attorney(s) appearing for the Case

J. Ben Watkins, of Truett & Watkins, Tallahassee, Fla., for plaintiffs.

James E. Cobb, of Mathews, Osborne & Ehrlich, Jacksonville, Fla., for defendant.

ORDER DENYING MOTION FOR JUDGMENT NON OBSTANTE VEREDICTO

CARSWELL, Chief Judge.

This case comes before the Court on defendant's motion for judgment non obstante veredicto based upon a recent decision of the Supreme Court of Florida, Perdue v. Copeland, 220 So.2d 617 (Fla.1969), in regard to the applicability of the doctrine of "last clear chance" in the State of Florida. Defendant here alleges that it was error to instruct...

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