68 Fla. 234 | Fla. | 1914
Philip Levy brought an action against the Atlantic Coast Line Eailroad Company for the recovery of damages for personal injuries received by him and also for the destruction of his buggy, in which the plaintiff was riding at the time, which injuries were alleged to have been occasioned by the negligence of the defendant corporation. The declaration contains two counts, to which the defendant filed three pleas, the first being not guilty and the second and third setting up contributory negligence of the plaintiff. No point is made on the pleadings, therefore we do not copy any of them. The plaintiff joined issue upon all these pleas and a trial was had before a jury, which resulted in a verdict and judgment for the plaintiff in the sum of $750.00.
Seventeen errors are assigned, all of which, with the exception of the first, which is based upon the overruling of the motion for a new trial, are predicated upon the giving of certain instructions, at the request of the plaintiff, or the refusal of certain instructions, requested by the defendant. If the trial court gave any charge to the jury of its own motion, the transcript of the record fails to show, but it does appear that the plaintiff requested fourteen separate instructions, of which eleven were given and three refused, and that the defendant requested eight separate instructions, of which three were given and five refused. The defendant excepted to every instruction given at the instance of the plaintiff and also to every instruction requested by it, which was refused. Although the issues in the instant case were few and simple, the trial court was called upon to pass on twenty-two separate instructions, of which fourteen were given to the jury. We can see no sound reason for so many requested instructions. Again and again we have expressed our strong disapproval of the practice of requesting an un
The only remaining assignment is the first, which is based upon the overruling of the motion for a new trial. This motion contains nineteen grounds, but the only grounds urged before us are those which question the sufficiency of the evidence to support the verdict, the other grounds re.lating to the given and refused instructions, which we have considered in treating the other assignments. Applying our usual test as to whether or not the jurors, acting as reasonable men, could have found this verdict from the evidence adduced, we must hold that they could have so done, therefore we cannot hold the trial court in error for overruling the motion. See Wilson v. Jernigan, 57 Fla. 277, 49 South. Rep. 44, and Pensacola Electric Co. v. Bissett, 59. Fla. 360, 52 South. Rep. 367.