LINCOLN GESSINGER, AN INFANT, BY E. W. HITTLE, HIS NEXT FRIEND,
v.
B. H. KASTER AND MRS. B. H. KASTER, ET VIR.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court reversed a directed verdict in a personal injury case, finding that there was sufficient evidence to allow the jury to decide the issues.
Yes, the trial court erred in directing a verdict for the defendants.
“After a careful consideration of the evidence in the case, we hold that there was sufficient evidence for the case to go to the jury upon the issues made by the pleadings and that the court committed error in assuming to take the case from the jury and direct a verdict.”
This quote establishes the court's reasoning for reversing the directed verdict.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe plaintiff, an infant riding a bicycle, sued the defendants for personal injuries sustained in a collision with an automobile driven by Mrs. B. H. …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Personal Injury cases and more on FLexlaw
Thew rit of error brings for review judgment on directed verdict in a suit to recover damages for personal injuries alleged to have been inflicted on plaintiff by reason of a collision occurring between a bicycle on which plaintiff was riding, and the automobile which defendant, Mrs. B. H. Kaster, was driving.
After a careful consideration of the evidence in the case, we hold that there was sufficient evidence for the case to go to the jury upon the issues made by the pleadings and that the court committed error in assuming to take the case from the jury and direct a verdict.
Therefore, the judgment is reversed and the cause remanded for a new trial.
So ordered.
*611. Ellis, C. J., and Terrell and Búford, J J., concur.
Whitfield, P. J., and Brown and Chapman, J. J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
North v. State, 65 So. 2d 77 (Fla. 1953)…d had only ‘heard him preach on two occasions. An examination of the other cases cited and relied upon by the appellant, including, Owens v. State, 68 Fla. 154, 67 So. 39; Seekers v. State, 253 Ala. 420, 44 So. 2d 633; White v. State, 129 Fla. 885, 176 So. 842, reveals that they are not in point. The case of State ex rel. Larkins v. Lewis, Fla., 54 So. 2d 199, 200, is emphasized by appellant. In that case the accused was being tried for first-degree murder. After the testimony had been completed and the c…1 / 3
-
Palmer v. State, 323 So. 2d 612 (Fla. 1st DCA 1975)…d when apprehended, not at trial. See authorities supra n. 4. It is fundamental that the court’s instructions to the jury should relate to and be confined to issues concerning evidence which has been received at trial. White v. State, 129 Fla. 885, 176 So. 842 (1937); Bradley v. State, 82 Fla. 108, 89 So. 359 (1921); Gadsden v. State, 77 Fla. 627, 82 So. 50 (1919); State v. Brown, 118 So. 2d 574, 580 (Fla.App.2d, 1960), cert. disc., 124 So. 2d 481 (Fla.1960); Swindle v. State, 254 So. 2d 811 (Fla.App.2d,…
-
Collins v. State, 155 Fla. 141 (Fla. 1944)…court’s gerieral charge as given. The [*143] record reflects that this was true and, therefore, the refusal was not error. See Harvey v. State, 129 Fla. 289, 176 So. 439; Jarrell v. State, 135 Fla. 736, 185 So. 873, and White v. State, 129 Fla. 885, 176 So. 842. The fourth and fifth questions challenge the propriety of the cross-examination of defendant by the States Attorney (when the defendant was testifying on the trial as a witness in his own behalf) as to former convictions of defendant. From careful…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence