STATE
v.
BOHANAN

Fla. | 1953-07-31
ROBERTS, C. J., and TERRELL, THOMAS, SEBRING, MATHEWS and DREW, JJ., concur.
66 So. 2d 694 Florida Supreme Court (1953) Caution
Cited by 143 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Certificate denied, because the question is not presented by a Circuit Judge as required under Rule 38, 30 F.S.A., and hence this Court is without authority to consider it.

ROBERTS, C. J., and TERRELL, THOMAS, SEBRING, MATHEWS and DREW, JJ., concur.


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Cited By (71 total)

  • Jones v. Utica Mut. Ins. Co., 463 So. 2d 1153 (Fla. 1985)
    …on of some other cause as well. The defendant is liable when his act of negligence combines with some other concurring or intervening cause in the sense that, “but for” the other cause as well, injury would not have occurred. See Bessett v. Hackett, 66 So. 2d 694, 701, 753 (Fla.1953); Tampa Electric Co. v. Jones, 138 Fla. 746, 190 So. 26, 27 (1939). There is no question that the injury in this case would not have occurred “but for” the animal and that the animal’s behavior substantially contributed to the in…
  • Raphael Klepper v. Breslin, 83 So. 2d 587 (Fla. 1955)
    …imputed negligence is not recognized in Florida. Thus it has been held: “The mere relationship of husband and wife does not constitute a sufficient basis upon which to impute to the wife the negligence of the husband.” Bessett v. Hackett, Fla.1953, 66 So. 2d 694, 698. Contributory negligence by the husband should not be imputed to the wife and “this holding is in line with the great weight of authority.” (Italics -added) Seaboard Air Line R. v. Watson, 94 Fla. 571, 113 So. 716, 719; De Salvo v. Curry, 160 F…
  • Sirmons v. Pittman, 138 So. 2d 765 (Fla. 1st DCA 1962)
    …jury aright.” Instructions to the jury must be predicated upon facts in proof, and a charge on an issue as to which evidence has not been submitted will constitute error. Bashaw v. Dyke (Fla.App.1960), 122 So. 2d 507; Bessett v. Hackett (Fla.1953), 66 So. 2d 694; Postal Telegraph & Cable Co. v. Doyle, 123 Fla. 659, 167 So. 358; Murden v. Miami Poultry & Egg Co., 113 Fla. 870, 152 So. 714; Seaboard Air Line Ry. v. Royal Palm Soap Co., 80 Fla. 800, 86 So. 835; 32 Fla.Jur., Trial, § 168. Moreover, the jury can…

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