ISAAC HENRY HENDERSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (11 total)

• Metro. Dade Cnty. v. Dillon, 305 So. 2d 36 (Fla. 3d DCA 1974)
  …ordinances previously mentioned. In Florida, the violation of such ordinances would normally constitute pri-ma facie evidence of negligence, which may be overcome by other evidence introduced in a given case. Gudath v. Culp Lumber Company, Fla.1955, 81 So. 2d 742; McNulty v. Garvey, Fla.App.1966, 189 So. 2d 234; Chimeno v. Fontainebleau Hotel Corporation, Fla.App.1971, 251 So. 2d 351. Appellants have not demonstrated that the introduction of the two ordinances in question for the purpose of defining a sidewa…
• Tamiami GUN Shop v. Klein, 116 So. 2d 421 (Fla. 1959)
  …re than approve Judge Wig-ginton’s well considered opinion. The writ of certiorari is discharged. THOMAS, C. J., and TERRELL, DREW and THORNAL, JJ., concur. . Allen v. Hooper, 1936, 126 Fla. 458, 171 So. 513; Gudath v. Culp Lumber Co., Fla. 1955, 81 So. 2d 742, receding from Gosma v. Adams, 1931, 102 Fla. 305, 135 So. 806, 78 A.L.R. 1193; Clark v. Sumner, Fla.1954, 72 So. 2d 375; City of Tallahassee v. Ashmore, 1946, 158 Fla. 73, 27 So. 2d 660. . For citation of authorities on both sides, see Harper and…
• Aliene Alessi and John Alessi v. Farkas, 118 So. 2d 658 (Fla. 2d DCA 1960)
  …that a negligence cause should never be withdrawn from the jury unless it appears as a matter of law that a recovery cannot be had upon any view of the facts which the evidence reasonably tends to establish. Gudath v. Culp Lumber Company, Fla.1955, 81 So. 2d 742, 53 A.L.R.2d 846. Moreover, it is generally held that the issue of contributory negligence is to be determined by the jury and ordinarily it should not be disposed of by the court in a peremptory manner. 23 Fla.Jur. Negligence, Sec. 129. Thus, when…

Authorities Cited

• Zalla v. State, 61 So.2d 649 (Fla. 1952)
• Miles v. State, 160 Fla. 523 (Fla. 1948)
• Austin v. State, 40 So.2d 896 (Fla. 1949)