Atlantic Coast Line Railroad v. Wilson
Supreme Court of Florida
Atlantic Coast Line Railroad v. Wilson, 81 Fla. 117 (Fla. 1921)
87 So. 314
Atlantic Coast Line Railroad v. Wilson
Opinion of the Court
In an action for personal injuries a judgment for $7,000.00 was recovered by the plaintiff against the railroad company, and writ of error was taken.
The testimony so clearly shows negligence of. the plaintiff that contributed directly to his injury, and as negligence of the defendant is strongly rebutted by the evidence, making the question of liability not clearly established, a remittitur as for an excessive verdict will not be ordered, but the judgment is reversed for a new trial.
Browne, C. J., and Taylor, Whitfield, Ellis and West, J. J., concur.
Reference
- Full Case Name
- Atlantic Coast Line Railroad Company, a Corporation, in Error v. Charles C. Wilson, in Error
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- In an action for personal injuries when the testimony clearly shows negligence of the plaintiff that contributed directly to his injury, and the alleged negligence of the defendant railroad company is strongly rebutted by the evidence, a judgment for the plaintiff awarding large damages will be reversed.