Judges: BROW, J.
Attorneys: Casey, Walton, Spain, for Plaintiffs in Error;
McKay, Dixon DeJarnette and Marion E. Sibley, for Defendants in Error.
Filed: Apr. 23, 1940
Latest Update: Mar. 02, 2020
Summary: Defendants in error, Florine King and her husband, Guy King, were driving along Dade Boulevard in Miami Beach in a westerly direction and attempted to make a left turn into North Meridian Avenue. As the turn was almost completed the car in which defendants in error were riding was struck by a "jitney bus" owned and operated by plaintiffs in error, and proceeding east along Dade Boulevard. Mrs. King received, according to the allegations of the declaration, bodily injuries consisting of "a concus
Summary: Defendants in error, Florine King and her husband, Guy King, were driving along Dade Boulevard in Miami Beach in a westerly direction and attempted to make a left turn into North Meridian Avenue. As the turn was almost completed the car in which defendants in error were riding was struck by a "jitney bus" owned and operated by plaintiffs in error, and proceeding east along Dade Boulevard. Mrs. King received, according to the allegations of the declaration, bodily injuries consisting of "a concuss..
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I agree to the conclusion reached by a majority of the Court but with reference to that aspect of the case dealing with the consolidation of causes of action under statute, 4226,supra, I concur only because of the decision in Walker v. Smith, 119 Fla. 430, 161 South. Rep. 551.
It is my view that in the interest of expediting and simplifying litigation growing out of the same set of facts after final disposition of this case, a more liberal construction of the statute should be adopted, which I think is possible
without doing violence to any of the rights of the litigants or to a logical interpretation of that Act.
TERRELL, C. J., WHITFIELD, P. J., and CHAPMAN, J., concur.
