W. W. LUCE, PLAINTIFF IN ERROR,
v.
ANTHONY LEE, DEFENDANT IN ERROR
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The Florida Supreme Court reviewed a personal injury judgment, finding the awarded damages excessive. The court offered the plaintiff a choice: accept a reduced award or face a new trial.
The court held that the jury charges were broader than warranted by the evidence and allegations, and the damages awarded appeared excessive. The judgment could be affirmed if the plaintiff accepted a reduced award.
“The charges relative to the elements of damage are more comprehensive than is warranted by the evidence and perhaps by the injuries alleged.”
Reasoning for finding error in jury instructions.
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Join FLexlaw to unlock all legal intelligenceAnthony Lee sued W. W. Luce for personal injuries sustained in a bicycle-automobile collision. Lee was awarded $1000.00 in damages by the lower court.…
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Whitfield, J.
Lee recovered judgment for $1000.00 damages for personal injuries received while riding a bicycle because of a collision with an automobile driven by Luce. On writ of error Luce asserts errors in giving charges as well as in other matters of procedure. The charges relative to the elements of damage are more comprehensive than is warranted by the evidence and perhaps by the injuries alleged. Harmful error in such charges is shown by the damages awarded, which in view of all the evidence appear excessive. If the plaintiff enters a remittitur of $500.00, the judgment will stand affirmed for the remainder; otherwise, the judgment will stand reversed for a new trial. L. & N. Ry. Co. v. Frank, 76 Fla. 384; 76 Fla. 336; 77 Fla. 167.
It is so ordered.
Browne, C. J., and Taylor,, Ellis and West, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (43 total)
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Atl. Coast Line R.R. Co. v. Shouse, 83 Fla. 156 (Fla. 1922)…76 Fla. 336, 79 South. Rep. 767; Atlantic Coast Line R. Co. v. Conant, 79 Fla. 668, 84 South. Rep. 688; Atlantic Coast Line R. Co. v. Pitkin, 64 Fla. 24, 59 South. Rep. 564; Tampa Electric Co. v. Gaffga, 81 Fla. 268, 87 South. Rep. 922; Luce v. Lee, 79 Fla. 693, 84 South. Rep. 726; Lindsey Turpentine Co. v. Souls, 81 Fla. 339, 87 South. Rep. 782; Seaboard Air Line Ry. Co. v. Prewitt, 81 Fla. 423, 88 South. Rep. 160. If the second plea on which the requested seventh charge was predicated,' sought to tender…
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City of Palmetto v. Lucretia A. Katsch and W. A. Katsch, 86 Fla. 506 (Fla. 1923)…ed in the certificates in question upon a grant or dedication by use. No claim is made on the basis of condemnation or prescription, and no testimony is submitted to support such a claim. In Florida East Coast Ry. Co. v. City of Miami, 79 Fla. 539, 84 South. Rep. 726, this court held that a common law dedication is the setting apart of land for public use, and to constitute it there must be an intention by the owner clearly indicated by his words or acts to dedicate the land to the public use, and an acceptance…
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City of Tarpon Springs v. Smith, 81 Fla. 479 (Fla. 1921)…d this was done before the town was established,- thus- showing that the spaces were not- intended to be included in the dedication. See Kirkland v. City of Tampa, 75 Fla. 271, 78 South. Rep. 17; City of Miami v. Florida East Coast Ry., 79 Fla. 539, 84 South. Rep. 726; Florida East Coast R. Co. v. Worley, supra. If the spaces are owned by the State,- its title thereto is not a-ffected by this- suit. The city shows no authority to assert the rights of the -State in lands covered- by navigable and tide Waters. The…
Previewing 3 of 43 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Postal Tel. Cable Co. v. Scott, 76 Fla. 336 (Fla. 1918)
- Saunders Transfer Co. v. Underwood, 77 Fla. 167 (Fla. 1919)
- Louisville & Nashville R.R. Co. v. Frank, 76 Fla. 384 (Fla. 1918)