DONALD ALBERT COSENS AND ELEANOR G. COSENS, APPELLANTS,
v.
EMORY E. WEAVER, SR., SOLE OWNER OF ALLA-PATTAH STATIONERS, AND HERMAN S. COHEN, APPELLEES
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The appellate court affirmed a jury verdict in favor of the defendant in a car accident case. The plaintiffs appealed, arguing the jury should not have been instructed on contributory negligence, but the court found sufficient evidence to support such a finding.
No, the trial court did not err in instructing the jury on contributory negligence because there was sufficient evidence upon which the jury could reasonably find the plaintiff's conduct proximately contributed to his injury.
“Appellants urge that the court erred in instructing the jury upon the issue of contributory negligence when the evidence did not raise the issue.”
This quote states the primary argument made by the appellants on appeal.
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Join FLexlaw to unlock all legal intelligenceThe case involves an automobile collision that occurred just after an intersection. The plaintiffs' and defendant's cars entered the intersection at r…
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The plaintiffs appeal from a final judgment based upon a jury verdict. The action grew out of an automobile collision which occurred just beyond an intersection. The two automobiles had entered the intersection at right angles to each other, and the defendant’s car turned and proceeded in the same direction as plaintiffs’ car. Appellants urge that the court erred in instructing the jury upon the issue of contributory negligence when the evidence did not raise the issue. A review of the record in the light of the briefs convinces us that there was sufficient evidence before the jury upon which they could reasonably find the plaintiff guilty of conduct proximately contributing to his injury. Cf. Nelson v. Ziegler, Fla.1956, 89 So.2d 780; Bessett v. Hackett, Fla.1953, 66 So.2d 694, 701.
Affirmed.
HORNTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Bohanan, 66 So. 2d 694 (Fla. 1953)
- Nelson v. Ziegler, 89 So. 2d 780 (Fla. 1956)