C. B. HELTON
v.
THE STATE OF FLORIDA

Fla. | 1943-04-13
TERRELL, CHAPMAN, THOMAS, and SEBRING, JJ., concur., BUFORD, C. J., BROWN and ADAMS, JJ., dissent., BUFORD, C. J., and ADAMS, J., concur.
152 Fla. 726 Florida Supreme Court (1943) Caution
Also reported at: 13 So. 2d 14
Cited by 12 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

Affirmed.

TERRELL, CHAPMAN, THOMAS, and SEBRING, JJ., concur.

BUFORD, C. J., BROWN and ADAMS, JJ., dissent.

BROWN, J.,

dissenting:

I do not think the evidence in this case is sufficient to prove the appellant's guilt beyond a reasonable doubt. The judgment should in my opinion be reversed for a new trial.

BUFORD, C. J., and ADAMS, J., concur.

Dissent
BROWN, J.,

BROWN, J.,

dissenting:

I do not think the evidence in this case is sufficient to prove the appellant's guilt beyond a reasonable doubt. The judgment should in my opinion be reversed for a new trial.

BUFORD, C. J., and ADAMS, J., concur.


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  • Rainbow Enters., Inc. v. Thompson, 81 So. 2d 208 (Fla. 1955)
    …propriate instructions. Wells v. Palm Beach Kennel Club, 160 Fla. 502, 35 So. 2d 720. This court hás repeatedly held that the question of contributory negligence is a question of fact for the jury. Steele v. Independent Fish Co., Inc., 152 Fla. 739, 13 So. 2d 14.” When the relationship between the parties is considered together with the particular negligence alleged, to wit: failure to maintain a stairway in a safe condition or in the alternative' failure to warn of an alleged dangerous condition, this cas…
  • Redwing Carriers, Inc. v. Helwig, 108 So. 2d 620 (Fla. 2d DCA 1959)
    …any times that contributory negligence is ordinarily and peculiarly a question of fact for the jury. Frash v. Sarres, Fla.1952, 60 So. 2d 924; Goldin v. Lipkind, Fla.1950, 49 So. 2d 539, 27 A.L.R.2d 816; Steele v. Independent Fish Co., 152 Fla. 739, 13 So. 2d 14; Turner v. Modern Beauty Supply Co., 152 Fla. 3, 10 So. 2d 488; L. B. McLeod Construction Co. v. Cooper, 101 Fla. 441, 134 So. 224; Florida East Coast R. Co. v. Lassiter, 59 Fla. 246, 52 So. 975; City of Williston v. Cribbs, Fla.1955, 82 So. 2d 150.…
  • Palov v. Fla. Power & Light Co., 107 So. 2d 780 (Fla. 3d DCA 1958)
    …alleged negligence of the defendant. It has often been held in this State that contributory negligence is ordinarily an issue for the jury. Turner v. Modern Beauty Supply Co., 152 Fla. 3, 10 So. 2d 488; Steele v. Independent Fish Co., 152 Fla. 739, 13 So. 2d 14; Martin v. Stone, Fla. 1951, 51 So. 2d 33; Saunders v. Kaplan, Fla.App. 1958, 101 So. 2d 181; Deane v. Johnston, Fla.1958, 104 So. 2d 3. The exception of course is where contributory negligence is made to appear as a matter of law from the facts whi…

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