Judges: PER CURIAM.
Attorneys: Shutts Bowen, L.S. Bonsteel and E.S. Quick, for Petitioner;
Batchelor Dyer, for Respondent.
Filed: Oct. 14, 1938
Latest Update: Mar. 02, 2020
Summary: This is a proceeding in certiorari to the Circuit Court of Dade County, Florida, seeking to quash the judgment of that court which affirmed a judgment rendered by the Civil Court of Record of Dade County in behalf of Mina Margaret Hines against Police and Firemen's Insurance Association entered on November 7, 1935. The transcript of record shows the case at bar was heard by the Circuit Court of Dade County on appeal from the final judgment, supra, entered by the Civil Court of Record. *Page 300
Summary: This is a proceeding in certiorari to the Circuit Court of Dade County, Florida, seeking to quash the judgment of that court which affirmed a judgment rendered by the Civil Court of Record of Dade County in behalf of Mina Margaret Hines against Police and Firemen's Insurance Association entered on November 7, 1935. The transcript of record shows the case at bar was heard by the Circuit Court of Dade County on appeal from the final judgment, supra, entered by the Civil Court of Record. *Page 300 H..
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I think Circuit Judge Barns was correct in his dissenting opinion to the effect that there was error in the admission in evidence of the proof of loss, in view of the fact that defendant admitted that proof of loss had been furnished, and the further fact that they contained self-serving declarations which tended to prejudice the defendant's case.
I am also of the opinion that there was prejudicial error in the Court's charges, in view of the testimony. These charges were inconsistent with the general principle that a presumption is not evidence, and ceases upon the introduction of substantial proof to the contrary. There was positive evidence introduced in this case, which, if believed by the jury, would have sustained a fiunding that the deceased had committed suicide.
