ECONOMY CAB COMPANY OF JACKSONVILLE, A CORPORATION,
v.
ERMA LEE PINHOLSTER, JOINED BY HER HUSBAND, S. A. PINHOLSTER, AND S. A. PINHOLSTER

Fla. | 1943-11-23
BUFORD, C. J., CHAPMAN, THOMAS and SEBRING, JJ., concur.
153 Fla. 726 Florida Supreme Court (1943)
Also reported at: 15 So. 2d 674

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Holding

The judgment should be affirmed because the appellee's actions did not constitute contributory negligence per se and the verdict was not excessive.


Facts & Procedural History

This suit arose from a car collision at a Jacksonville intersection. An ordinance gave vehicles on the right the right of way.…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

This suit originated in the Circuit Court of Duval County, Florida, resulting in a verdict and judgment in the sum of $6500.00 for the plaintiffs below. It is the outgrowth- of a collision between two automobiles on July 19, 1942, at the intersection of Second and Hubbard Streets in the City of Jacksonville. An ordinance of the City requires all vehicles approaching street intersections to protect vehicles on the right approaching the intersection. The latter, by the terms of the ordinance, was given the right of way.

The appellant has perfected its appeal here. It is contended (1) that the failure to exercise ordinary care on the part of the appellee while driving the automobile at the street intersection constitutes contributory negligence per se, and for this reason the appellees, as a matter of law, are precluded from a recovery; and (2) the amount of the verdict and judgment is excessive.

The entire record has been carefully considered, the briefs read and studied, the cited authorities closely examined, and, after hearing able oral argument at the bar of -this Court, we have concluded that the judgment should be affirmed on the authority of Toll v. Waters, 138 Fla. 349, 189 So. 393. *727See Turner v. Modern Beauty Supply Co., 152 Fla. 3, 10 So. (2nd) 488, and similar cases.

It is so ordered.

BUFORD, C. J., CHAPMAN, THOMAS and SEBRING, JJ., concur.


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