Butz v. Rineheart
Cases that cite this one
5 later published cases cite this decision.
- Jefferson v. City of West Palm Beach (Fla. Dist. Ct. App. 1970)
- Dunn Construction Co. v. Muti (Fla. Dist. Ct. App. 1960)
- Royal Kitchen Cabinet Corp. v. Palcic ex rel. Palcic (Fla. Dist. Ct. App. 1959)
- Tampa Transit Lines, Inc. v. Nickolai (Fla. Dist. Ct. App. 1959)
- Claud W. Nesbit v. W. O. Everette (5th Cir. 1957)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This is an appeal from an order granting a new trial to plaintiff after the jury had returned a verdict in favor of defendant. The grounds of the trial judge’s order were (1) undue emphasis on the law of contributory negligence in his charge to the jury, and (2) an erroneous, charge on the law of the road, given at the request of the defendant.
We agree with the trial judge that his earlier charge on the law of the road was more appropriate in the circumstances of this case, and that it was error, under the facts here present, to give the charge requested by the defendant. This charge, and the repetition of the charges relating to contributory negligence, could reasonably have misled the jury to the plaintiff’s detriment; and the trial judge properly exercised his discretion in granting a new trial.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.