Judges: ELLIS, J. —
Attorneys: Hampton Greene, for Plaintiff in Error;
L. W. Duval, for Defendant in Error.
Filed: May 15, 1930
Latest Update: Mar. 02, 2020
Summary: During the afternoon of May 9, 1926, Victor T. Covington, his wife, Margaret P. Covington, and their two children, one a girl child about — years old and a boy *Page 1104 child aged about nine years, named Victor Covington, were traveling in an automobile of the type known as a "Ford touring car." The father, Victor T. Covington, was driving. His wife was sitting upon the seat beside him. The little girl with her brother, Victor, who was asleep, were riding in the rear seat. At a point in the To
Summary: During the afternoon of May 9, 1926, Victor T. Covington, his wife, Margaret P. Covington, and their two children, one a girl child about — years old and a boy *Page 1104 child aged about nine years, named Victor Covington, were traveling in an automobile of the type known as a "Ford touring car." The father, Victor T. Covington, was driving. His wife was sitting upon the seat beside him. The little girl with her brother, Victor, who was asleep, were riding in the rear seat. At a point in the Tow..
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I do not think that the negligence of the father, the driver, of the car, was imputable to the young son, who, by next friend, was the plaintiff below. But the real question
was whether the injury to the plaintiff was caused by the concurring negligence of the defendant and the plaintiff's father, or was the negligence of the father the sole proximate cause of such injury. S. A. L. Ry. Co. v. Watson,94 Fla. 203, 113 So. R. 716. The evidence so strongly preponderated to sustain the plea that the collision and injury was due solely to the negligence of the father that this Court would not be authorized to hold the lower court in error in granting the motion for new trial.
