R. J. MATHERS, PLAINTIFF IN ERROR,
v.
M. R. BOTSFORD, DEFENDANT IN ERROR
R. J. MATHERS, PLAINTIFF IN ERROR,
M. R. BOTSFORD, DEFENDANT IN ERROR
82 Fla. 497
Florida Supreme Court (1921)
Positive Treatment
Also reported at: 90 So. 375
Cited by 24 cases
Opinion of the Court
Per Curiam.
Under general allegations of negligence in driving an automobile on a public highway, there was a judgment for damages for personal injuries sustained in being knocked down by the automobile. On writ of error taken by the defendant, it appears that the burden cast by the law upon the plaintiff to prove negligence as alleged, was not sustained; and as under the law negligence is not presumed in such cases, and the rule res ipsa loquitur not being applicable to the facts in evidence, the judgment should be and is reversed for a new trial.
All concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Rodriguez v. State, 396 So. 2d 798 (Fla. 3d DCA 1981)…e one which would be entertained by a reasonable and prudent man. Accord, Kilbee v. State, 53 So. 2d 533, 536 (Fla.1951); Maddox v. State, 38 So. 2d 58 (Fla.1948); Sass-nett v. State, 156 Fla. 490, 23 So. 2d 618 (1945); Cooper v. State, 82 Fla. 365, 90 So. 375 (1921); Tedder v. State, 73 Fla. 861, 75 So. 783 (1917); Uber v. State, 382 So. 2d 1321, 1322 (Fla. 1st DCA 1980); Board of Regents v. Videon, 313 So. 2d 433, 435 (Fla. 1st DCA 1975).3 [*800] The state contends that the defendants may not raise the…
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Jones v. State, 466 So. 2d 301 (Fla. 3d DCA 1985)…e property, and no denial, but an avowal of the taking, a strong presumption arises that there was no felonious intent, which must be repelled by clear and convincing evidence, before a conviction is authorized.’’ Cooper v. State, 82 Fla. 365, 366, 90 So. 375, 375 (1921) (syllabus by court, para. 2) (emphasis added); see also Tedder v. State, 73 Fla. 861, 75 So. 783 (1917); Dean v. State, 41 Fla. 291, 26 So. 638 (1899). No such “clear and convincing evidence” was presented below to negate this aforesaid…
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