Newton v. Mitchell

Action by J.L. Newton against Fondren Mitchell and others, to recover for the damage sustained by plaintiff's truck in a collision with defendants' truck. From a judgment of dismissal, plaintiff appeals.

Affirmed. Two trucks, one owned by the appellant J.L. Newton and driven by his employee, the other owned by Fondren Mitchell, Guyton Mitchell, and Virginia S. Mitchell and driven by Charles P. Hardin, collided. The vehicles were demolished; Hardin was killed; and the other driver was injured.

Two actions resulted. The Mitchells, who had become assignees, under Section 440.39, Florida Statutes…