171 So. 2d 205 | Fla. Dist. Ct. App. | 1965
Plaintiff herein appeals a final judgment in a negligence action entered upon a jury verdict in favor of the defendant and seeks review of an order denying his motion for new trial.
Plaintiff has assigned as error instructions given by the court on contributory negligence
Since contributory negligence and concurrent negligence were important triable issues, it became incumbent upon the
In view of the foregoing, we deem it unnecessary to consider the appellant’s other contentions.
Reversed and remanded.
. “Now, gentlemen, if you should find that the employees of the plaintiff were negligent and that their negligence contributed to the causing of the accident, then their negligence would he imputed to the plaintiff and would bar his recovery.”
. “Further, should you find that the plaintiff’s employees and the defendant were both negligent and that their concurrent negligence caused the injury to the plaintiff, then the plaintiff could not recover, because his employees’ negligence would be imputed to him.”