HANDSEL v. HANDSEL, 72 So.2d 813 (Fla. 1954)

LUCILLE L. HANDSEL AND BERNARD HANDSEL, APPELLANTS, v. ROSE HANDSEL AND JULIUS HANDSEL, APPELLEES.

Supreme Court of Florida. Special Division A.
May 4, 1954. Rehearing Denied June 8, 1954.

Appeal from Circuit Court, Dade County; Vincent C. Giblin, Judge.

Morehead, Forrest, Gotthardt Orr, Miami, for appellants.

Cushman, Gay Woodard and Melvin Schaffer, Miami, for appellees.

PER CURIAM.

The record and briefs in this cause have been examined and the judgment appealed from is affirmed on authority of Peery v. Mershon, 149 Fla. 351, 5 So.2d 694 and Section 2292, 4 Blashfield, 326.

Affirmed.

ROBERTS, C.J., and TERRELL and MATHEWS, JJ., concur.

MILLEDGE, Associate Justice, concurs specially.

MILLEDGE, Associate Justice (specially concurring).

I think that it should be pointed out that the trial judge directed a verdict for the plaintiff on the issue of negligence leaving only the question of damages for the jury’s determination. It should also be noted that the doctrine of the Mershon case is being extended to other than a master and servant relationship. The operator of the car and the plaintiff were making a short journey for their mutual benefit.

TERRELL and MATHEWS, JJ., concur.