FLORIDA EAST COAST RAILWAY COMPANY, A CORPORATION, PLAINTIFF IN ERROR,
v.
J. J. JONES, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a judgment against a railroad company due to contradictory jury instructions that likely confused the jury and led to an improper assessment of damages.
Yes, the jury instructions were contradictory, leading to a confused jury and an improper assessment of damages, thus requiring reversal.
“The charges given by the court are so inconsistent as necessarily to confuse the jury.”
Establishes the primary reason for reversal.
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Join FLexlaw to unlock all legal intelligenceThe Florida East Coast Railway Company was ordered to pay damages and attorney's fees. The railroad company appealed, arguing that the jury instructio…
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Cockrell, J.
To a judgment against it in the sum of 1829.09, as damages as also for attorney’s fees and costs, the railroad company prosecutes this writ of error. The transcript is clumsily prepared, but we have enough before us to show error. The charges given by the court are so inconsistent as necessarily to confuse the jury. In one breath the jury is instructed that it may assess the damages for the full amount claimed in the declaration and in the next breath that the damages must not exceed the contract price for the stock lost as agreed upon in the bill of lading. The assessment made by the jury shows that the contract price was ignored.
An examination of the bill of exceptions does not cure this error, and we can but reverse the judgment based upon this verdict.
Judgment reversed.
Shackleford, C. J., and Taylor, Hockior and Whitfield, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Allstate Ins. Co. v. Vanater, 297 So. 2d 293 (Fla. 1974)…tradictory instructions. This dual standard itself constitutes reversible error, irrespective of which standard correctly applies. Key West Electric Co. v. Albury, 91 Fla. 695, 109 So. 223 (1926); Florida East Coast Railway Co. v. Jones, 66 Fla. 51, 62 So. 898 (1913). An instruction which tends to confuse rather than enlighten the jury is cause for reversal if it may have misled the jury and caused them to arrive at a conclusion that otherwise they would not have reached. Finch v. State, 116 Fla. 437, 156…
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State v. Chancey, 129 Fla. 194 (Fla. 1937)…due to such third parties, in which claim the relators have no sort of interest whatsoever, and the motion to quash the alternative writ should have been granted upon this ground.” This case was followed by Wiecking v. Coachman, et al., 66 Fla. 49, 62 So. 898. In that case the Board of County Commissioners had ordered a warrant to' issue to certain attorneys as their fee for services rendered, and the County Clerk, as ex officio Clerk of the Board refused to issue and sign the warrant. The Board resorted…
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Veliz v. Am. Hosp., Inc., 414 So. 2d 226 (Fla. 3d DCA 1982)…iving of two conflicting standards may, without more, constitute reversible error, even though one of the standards correctly applies. Key West Electric Company v. Albury, 91 Fla. 695, 109 So. 223 (1926); Florida East Coast Railway Company v. Jones, 66 Fla. 51, 62 So. 898 (1913). An instruction which tends to confuse rather than enlighten the jury is cause for reversal if it may have misled the jury and caused them to arrive at a conclusion that otherwise they may not have reached. Finch v. State, 116 Fla…
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