Allen v. Powell, (1943)
Court: Supreme Court of Florida
Number:
Visitors: 6
Judges: TERRELL, J.:
Attorneys: Clyde Allen and Evan T. Evans, for appellant.
Fleming, Jones, Scott Botts and Charles R. Scott, for appellees.
Filed: Mar. 02, 1943
Latest Update: Mar. 02, 2020
Summary: Appellant's husband was killed while on duty in the employment of appellees. This action was brought to recover damages on the theory that his death was due to defendant's negligence. The trial resulted in a verdict and judgment for $5000. Inadequacy of the verdict is the sole question brought here for review. The deceased was sixty-two years old, was earning approximately $150 per month as a carpenter and had been in the employment of defendants for many years. Besides his wife who is fifty yea
Summary: Appellant's husband was killed while on duty in the employment of appellees. This action was brought to recover damages on the theory that his death was due to defendant's negligence. The trial resulted in a verdict and judgment for $5000. Inadequacy of the verdict is the sole question brought here for review. The deceased was sixty-two years old, was earning approximately $150 per month as a carpenter and had been in the employment of defendants for many years. Besides his wife who is fifty year..
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As I read the record in this case the plaintiff was either entitled to recover substantially more than the amount of the verdict or was entitled to recover nothing. The jury having resolved the right of recovery in favor of the plaintiff the amount fixed in the verdict was grossly inadequate.
Source: CourtListener
