Stover v. Stovall, (1931)
Court: Supreme Court of Florida
Number:
Visitors: 14
Judges: BUFORD, C.J. —
Attorneys: L. S. Grayson and MacFarlane, Pettingill, MacFarlane Fowler, for Plaintiff in Error;
Jackson, Dupree Cone, for Defendant in Error.
Filed: Oct. 27, 1931
Latest Update: Mar. 02, 2020
Summary: In this case the writ of error is to a judgment for defendant based on a directed verdict. It is contended by the plaintiff in error that the judgment should be reversed because there is substantial evidence in the record to show negligence on the part of defendant *Page 285 in error, who was defendant in the court below in a suit brought to recover damages alleged to have been inflicted on the plaintiff by the negligent operation by the defendant of an automobile on the public highway. It is tr
Summary: In this case the writ of error is to a judgment for defendant based on a directed verdict. It is contended by the plaintiff in error that the judgment should be reversed because there is substantial evidence in the record to show negligence on the part of defendant *Page 285 in error, who was defendant in the court below in a suit brought to recover damages alleged to have been inflicted on the plaintiff by the negligent operation by the defendant of an automobile on the public highway. It is tru..
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Merely because the verdict would have been set aside on motion for a new trial is no warrant to sustain direction of a verdict. This court has said the principles controlling setting aside verdicts and directing verdicts are not the same. Sec.73 Fla. 700. Directed verdict would be error no matter what the weight of the evidence was in favor of defendant under the authorities.
BROWN, J., concurs.
Source: CourtListener
