Durden v. Caulkins

ALLEN, Acting Chief Judge.

This is an appeal from a final summary judgment in a negligence action, in favor of the defendant and dismissing the case on the ground of the contributory negligence of the plaintiff. The appellant was the plaintiff below and the appellee was the defendant below.

The complaint alleged that the minor son of the plaintiff, R. B. Durden, while driving a motor scooter in a southerly direction on Reynolds Road, at or near its intersection with the old Winter Haven Highway, was struck and killed by a Dodge driven by the defendant, Ray Cornelius Caulkins, when said…