Carl ex rel. Carl v. Shick

SHANNON, Acting Chief Judge.

On May 29, 1964, the appellant (plaintiff in the lower court) was operating a motorcycle in a southwesterly direction on 79th Street South in St. Petersburg, Florida. At this time the appellee (defendant in the lower court) was proceeding in the opposite direction on the same street. The plaintiff was traveling at approximately 35 miles per hour and the defendant was proceeding at approximately 20 miles per hour. As the defendant came across a small bridge on 79th Street he saw the plaintiff coming around the bend on 79th Street on a motorcycle. About the same time…