JOHN W. MARTIN, AS TRUSTEE OF THE PROPERTY OF FLORIDA EAST COAST RAILWAY COMPANY, APPELLANT,
v.
JESSE C. KENDALL, APPELLEE

Fla. 3d DCA | 1957-08-12
No. 57-55
CHAS. CARROLL, C. J., and HORTON and PEARSON, JJ., concur.
96 So. 2d 668 Florida District Court of Appeal, Third District (1957) Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We have examined the record and briefs of counsel in this cause and heard oral argument at the bar of this Court. From our perusal of the record we reached the conclusion that the jury verdict was arrived at in this case upon consideration of conflicting evidence and should not be disturbed.

The record holds evidence sufficient to sustain the jury’s finding of negligence on the part of the defendant, and no useful purpose would be served by restating the evidence in detail in this opinion. Accordingly, the appellant’s contention that the Court erred in refusing to grant a directed verdict is rejected.

Affirmed.

CHAS. CARROLL, C. J., and HORTON and PEARSON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Carmel Carter v. Supplies, Inc., 411 So. 2d 960 (Fla. 3d DCA 1982)
    …the adverse party. Tiny’s Liquors, Inc. v. Davis, 353 So. 2d 168 (Fla. 3d DCA 1978) and cases cited therein. Where the evidence is in conflict or different conclusions or inferences may be drawn from it, the motion must be denied. Martin v. Kendall, 96 So. 2d 668 (Fla. 3d DCA 1957), cert. dismissed, 102 So. 2d 727 (Fla.1958). In directing a verdict, the trial court in effect takes an issue away from the jury and decides the issue itself as a matter of law. Scott v. Davis, 188 So. 2d 864 (Fla. 1st DCA 1966).…
  • Alvarez v. The Dade Cnty. Sch. Bd., 482 So. 2d 542 (Fla. 3d DCA 1986)
    …en the evidence and all reasonable inferences therefrom fail to prove the plaintiffs case, it was error for the trial court to have directed a verdict in favor of the School Board. See Hartnett v. Fowler, 94 So. 2d 724 (Fla.1957); Martin v. Kendall, 96 So. 2d 668 (Fla.3d DCA 1957), cert. dismissed, 102 So. 2d 727 (Fla.1958). Accordingly, we reverse and remand for proper resolution of the factual issues. In view of our reversal of the directed verdict on these issues, we find it unnecessary to address appel…
  • Martin v. Kendall, 102 So. 2d 727 (Fla. 1958)
    …Certiorari dismissed without opinion. 96 So. 2d 668.…

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