Foster v. Thornton

En Banc—On Petition for Rehearing

Chapman, J.

On rehearing it was made to appear that L. Elmer Thornton, on June 23, 1932, filed a tort action in the Circuit Court of Duval County, Florida, against C. E. Foster, alleging that the wife of Thornton received certain fatal injuries and from the effects thereof later died, as therein described, on account of the negligence of C. E. Foster. The suit was tried two or three times, ultimately resulting in a judgment in behalf of Thornton against C. E. Foster on August 3, 1935, for the sum of $10,670.00. After the tort action accrued and some two or…