68 Fla. 400 | Fla. | 1914
John Knowles brought an action against the Florida East Coast Railway Company, a corporation, to recover damages for personal injuries alleged
Twenty-six errors are assigned, but we shall treat only such as we think merit it, and before doing that would call attention to what we said concerning the practice of assigning errors in Mitchell v. Mason, 65 Fla. 208, 61 South. Rep. 579.
No error was committed in overruling the demurrer to the original declaration, either as an entirety or the separate counts thereof, so the assignments predicated thereon must fail. There is a clear distinction in the functions performed by a demurrer to a pleading and a
We are also clear that the trial court did not err in refusing to instruct the jury to find a verdict in favor of the defendant, as requested by the defendant. As we have frequently held, “A case should not be taken from the jury unless the conclusion follows from the evidence as matter of law that no recovery can be lawfully had upon any view taken of facts that the evidence tends to establish.” Jacksonville Terminal Co. v. Smith, 67 Fla. 10, 64 South. Rep. 354.
We find that the court gave a number of instructions to the jury at the plaintiff’s request and also twenty-two separate instructions at the request of the defendant, and in addition thereto four “additional charges.” Errors are assigned upon several of the instructions given at the request of the plaintiff, all of which we have examined and are of the opinion that, construed in connection with all the other charges and instructions given at the trial, as must be done, no reversible error is made to appear therein. See Atlantic Coast Line Railroad Company v. Crosby, 53 Fla. 400, 43 South. Rep. 318. The defendant also has an assignment based upon a requested instruction which was refused. No error is made to appear here. We would call attention to our discussion concerning the practice of requesting a large number of instructions in Atlantic Coast Line Railroad Co. v. Levy, decided here at the present term.
We are also of the opinion that no error was committed in overruling the motion for a new trial. As to those grounds thereof which question the sufficiency of the evidence to support the verdict it is suffifficient to say that we have examined all the evidence adduced and are of the opinion that it is amply sufficient. See Atlantic Coast
No reversible errors having been made to appear, the judgment must be affirmed.