63 Fla. 113 | Fla. | 1912
— The plaintiff in error brought an action against the defendant in error, wherein he sought to recover damages for injuries occasioned to himself, his horse and his saddle by reason of the alleged negligence of the defendant in error in permitting a certain designated street to become and remain in an unsafe and dangerous condition. The declaration contains two counts, to which the defendant filed two pleas, not guilty and contributory negligence. A trial was had before a jury and at the close of the evidence the defendant interposed a demurrer to the evidence which was sustained by the trial court and' judgment rendered in favor of the defendant. This judgment is brought here for review The only point presented for determination is as to whether or not such demurrer was properly sustained.
We have several times had occasion to discuss the legal effect of a demurrer to the evidence and the office which it performs. It is sufflicent to say now, as we. held in Wilkinson v. Pensacola & A. R. R. Co., 35 Fla. 82, 17 South. Rep. 71, “A demurrer to the evidence ad
Judgment reversed,