Winner v. Sharp, (1949)
Court: Supreme Court of Florida
Number:
Visitors: 15
Judges: TERRELL, Justice.
Attorneys: Barton Saltsman, St. Petersburg, for appellant.
McMullen Goza, Clearwater, for appellee.
Filed: Dec. 13, 1949
Latest Update: Mar. 02, 2020
Summary: Appellee brought an action against appellant to recover damages for the negligent death of his infant daughter. It is alleged that the fatal accident took place about 4 P.M. on a clear day in February, about two miles south of the Town of Largo in Pinellas County on Public Highway No. 19. The case was tried on these pleas to the declaration. (1) Not guilty, and (2) contributory negligence on the part of the child's custodian. The jury returned a verdict for the plaintiff, on which final judgment
Summary: Appellee brought an action against appellant to recover damages for the negligent death of his infant daughter. It is alleged that the fatal accident took place about 4 P.M. on a clear day in February, about two miles south of the Town of Largo in Pinellas County on Public Highway No. 19. The case was tried on these pleas to the declaration. (1) Not guilty, and (2) contributory negligence on the part of the child's custodian. The jury returned a verdict for the plaintiff, on which final judgment ..
More
I dissent because I think error was committed in excluding the impeaching testimony. Deplorable as such an occurrence is I think one who is attempted to be held responsible for it should be afforded the advantage of the accepted rules of evidence in a trial to fix that responsibility. Here the weight of the testimony of the eye witness was most important to a determination of the cause, and the jury might well have been influenced by testimony of conflicting statements on her part.
Source: CourtListener
