Schwartz v. Priest, (1943)
Court: Supreme Court of Florida
Number:
Visitors: 12
Judges: ADAMS, J.:
Attorneys: Miller Fitzsimmons, W. Gerry Miller and J.A. Fitzsimmons,
for appellants.
Morehead Pallot and McCune, Hiassen Fleming, for appellee.
Filed: Jul. 30, 1943
Latest Update: Mar. 02, 2020
Summary: This is an ordinary automobile collision case. The issue was made by pleas of not guilty and contributory negligence filed to plaintiff's declaration. The judgment must be reversed for a new trial hence we limit our consideration to the only errors shown in the record. The court charged the jury at defendant's request as follows: "In determining whether Mrs. Schwartz contributed to the cause of the collision by her own negligence you may consider whether or not she suddenly turned left in front
Summary: This is an ordinary automobile collision case. The issue was made by pleas of not guilty and contributory negligence filed to plaintiff's declaration. The judgment must be reversed for a new trial hence we limit our consideration to the only errors shown in the record. The court charged the jury at defendant's request as follows: "In determining whether Mrs. Schwartz contributed to the cause of the collision by her own negligence you may consider whether or not she suddenly turned left in front o..
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I disagree because in my opinion the first charge quoted is not prejudicial and there is no argument in the brief with reference to the second quoted charge, hence any objection to it may be considered to have been abandoned.
BUFORD, and SEBRING, JJ., concur.
Source: CourtListener
