LINDSEY TURPENTINE COMPANY, A CORPORATION, PLAINTIFF IN ERROR,
v.
I. W. SOULS, DEFENDANT IN ERROR

Fla. | 1921-03-15
81 Fla. 339 Florida Supreme Court (1921) Positive Treatment
Cited by 4 cases
Opinion of the Court
Per Curiam.

Per Curiam.

In an action for personal injuries and for damáges to an automobile at a country crossing there was verdict and judgment for $1,500.00 against the lumber company. Conceding that the injury was proximatelv caused by negligence of the defendant as alleged and that the plaintiff did not contribute thereto, the personal injuries were not serious and the repairs to the automobile are shown to have cost a little more than $400.00. Manifestly the verdict is excessive. To this extent the verdict is clearly contrary to the evidence. If a remittitur of $750.00 is entered, the judgment will stand affirmed for $750.00. Otherwise, the judgment will stand reversed on the thirtieth day after the mandate is filed in the trial court.

It is so ordered.

All concur.

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  • Atl. Coast Line R.R. Co. v. Shouse, 83 Fla. 156 (Fla. 1922)
    …ant, 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 an issue of assumed risk, it was forbidden by the statute, (Sec.…
  • S. Fla. Farms Co. v. Stevenson, 84 Fla. 235 (Fla. 1922)
    …. Underwood, 77 Fla. 167, 81 South. Rep. 105; Louisville & N. R. Co. v. Frank, 76 Fla. 384, 80 South. Rep. 60; Luce v. Lee, 79 Fla. 693, 84 South. Rep. 726; Tampa Elec. Co. v. Gaffga, 81 Fla. 268, 87 South. Rep. 922; Lindsey Turpentine Co. v. Soule. 81 Fla. 339, 87 South. Rep. 782; Seaboard Air Line Ry. Co. v. Prewitt, 81 Fla. 423, 88 South. Rep. 160; Atlantic Coast Line R. Co. v. Conant, 79 Fla. 668, 84 South. Rep. 688; Empire Drug Co. v. Smith, 78 Fla. 594, 83 South. Rep. 458; Standard Growers’ Exchange…

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