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(1) to str~ightea out and ba forced taaarda the beach, (2) to try and kick out ~
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over tha back of the wave, thereby removing himeslf fraa the predicament, or ~
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-(3) to try and control his ride from the dieadvantageoua position of being behind ~
the aurfer who took off in front."
With theae concepts in mind, the Court now turna ita attention to the facta.
The aurfing on a Sunday Wae crawded - everyone vaa scratching for a wave - too
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many eurfers - bad vibs - two on a wave, one kicked out - no, you ehot your
board and laughed. The only point in question is ~hether the act of the
defendant vas that of kicking out or ehooting hie board. '
In each and every caee the plaintiff haa the burdon of proof. Z~ere is ;
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no concept of not proven. ~ith the diaputed facts before the Court and the ~
testimony of other Witnessea, the plaintiff did not meet the burdon of proof ~
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and his case fails. It is, therefore, upon ~
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CO~NSIDERATION, ORUBRED and ADJIJDGED that the plaintiff go hence ~ithout
day and take nothing by this cause. ~
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DONE and ORUBRBD in Chambers in Fort Pierce, Florida, thie ~ daq of
- December, A.D.~ 1973. ;
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