Florida District Courts of Appeal, 1962

Spitzer Motors of Miami, Inc. v. Gates

Spitzer Motors of Miami, Inc. v. Gates
Florida District Courts of Appeal · Decided October 2, 1962 · Carroll, Hendry, Horton
144 So. 2d 877 (Southern Reporter, Second Series)

Spitzer Motors of Miami, Inc. v. Gates

Opinion of the Court

PER CURIAM.

Affirmed.

Dissenting Opinion

CARROLL, Judge

(dissenting).

The appellee recovered a judgment based on a jury verdict, for damages for injuries received when she fell on appellant’s business premises. I agree with the majority that negligence was shown, but would reverse for new trial for refusal to charge on contributory negligence, as to which, in my opinion, the evidence presented a jury question. I, therefore, respectfully dissent.

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