
    Marion CARTER, Appellant, v. ATLANTIC COAST LINE RAILROAD COMPANY, a foreign corporation, Appellee.
    No. 781.
    District Court of Appeal of Florida. Second District.
    June 26, 1959.
    Rehearing Denied July 20, 1959.
    Nichols, Gaither, Green, Frates & Beck-ham, Miami; and Icard, Merrill & Cullis, Sarasota, for appellant.
    Allen, Dell, Frank & Trinkle, Tampa, for appellee.
   PER CURIAM.

Affirmed.

KANNER, C. J., and ALLEN, J., concur.

WALDEN, JAMES H., Associate Judge, dissents.

WALDEN, JAMES H., A. J.

(dissenting).

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.  