ATLANTIC COAST LINE RAILROAD COMPANY, A CORPORATION, PLAINTIFF IN ERROR,
v.
CHARLES C. WILSON, DEFENDANT IN ERROR
ATLANTIC COAST LINE RAILROAD COMPANY, A CORPORATION, PLAINTIFF IN ERROR,
CHARLES C. WILSON, DEFENDANT IN ERROR
81 Fla. 117
Florida Supreme Court (1921)
Positive Treatment
Cited by 4 cases
Opinion of the Court
Per Curiam.
In an action for personal injuries a judgment for $7,000.00 was recovered by the plaintiff against the railroad company, and writ of error was taken.
The testimony so clearly shows negligence of. the plaintiff that contributed directly to his injury, and as negligence of the defendant is strongly rebutted by the evidence, making the question of liability not clearly established, a remittitur as for an excessive verdict will not be ordered, but the judgment is reversed for a new trial.
Browne, C. J., and Taylor, Whitfield, Ellis and West, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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S. Fla. Farms Co. v. Stevenson, 84 Fla. 235 (Fla. 1922)…d, the judgment may be affirmed on condition that plaintiff remit the excessive part of his recovery. 4 C. J. p. 1142. But where liability of the defendant is not clearly shown, a remittitur will not be awarded. Atlantic Coast Line R. Co. v. Wilson, 81 Fla. 117, 87 South. Rep. 314. In directing that a remittitur be entered for a stated amount upon a verdict awarding damages, and that upon failure to do so a new trial be granted, the court, whether trial or appellate, does not usurp the functions of a jury…
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Tampa & Gulf Coast R.R. Co. v. Lynch, 91 Fla. 375 (Fla. 1926)…r rehearing denied May 11, 1926. 1. When liability for personal injury is not clearly shown and the damages awarded are palpably excessive, the judgment will be reversed, and a remittitur will not be suggested. Atlantic Coast Line R. Co. v. Wilson, 81 Fla. 117, 87 South. Rep. 314. [*377] 2. Whether contributory negligence is a bar to an action for a merely negligent injury as at common law, or operates under the statute to diminish the amount of damages recoverable in actions against railroad companies “f…1 / 2