Tampa Electric Co. v. Limpus
Tampa Electric Co. v. Limpus
Opinion of the Court
This writ of error was taken to a judgment awarding $416.06 as damages for the entire cost of repairs to ah automobile injured by a collision with a street car.
The evidence clearly shows that the plaintiff’s employee was negligent in backing the automobile out of a garage and across the street car track without taking appropriate care to avoid -collision with a street car that might be approaching. This being so, though the defendant was negligent, the damages sustained should have been apportioned as required by the statute. Sec. 4965 Rev. Gen. Stats. 1920; Atlantic Coast Line R. Co. v. Weir, 63 Fla. 69, 58 South. Rep. 641, 41 L. R. A. (N. S.) 307, Ann Cas. 1914A 126; Florida East Coast Ry. Co. v. Meacham, 77 Fla. 701, 82 South. Rep. 232.
If a remittitur is duly entered for $200.00, the judgment will stand affirmed for the remainder, viz: $216.06; otherwise the judgment will stand reversed for a new trial.
Reference
- Full Case Name
- Tampa Electric Company, a Corporation, in Error v. Edward F. Limpus, in Error
- Status
- Published
- Syllabus
- In an action to recover damages to an automobile caused by collision with a street car, where tile evidence clearly shows that negligence of the plaintiff’s employee in operating the automobile contributed to the injury, and the judgment against the defendant is for full damages, a remittitur will be permitted as an alternative for a reversal.