252 So. 2d 822 | Fla. Dist. Ct. App. | 1971
Appellants seek review of an adverse final judgment based upon a jury verdict rendered in favor of appellees. The questions on appeal concern the sufficiency of the evidence to support the verdict; the court’s instruction to the jury on the defense of contributory negligence interposed by appellees; and refusal of the court to instruct the jury on the doctrine of last clear chance as requested by appellants.
In our review of the issues presented for decision, we have given due consideration to the applicable principle that a judgment of the trial court reaches the appellate court clothed with a presumption of correctness. The record reveals that, although the evidence is conflicting and subject to different reasonable inferences which may be drawn therefrom, there is substantial evidence to support the findings made by the jury and the conclusions reached by the trial court. It is not the province of this court to substitute its judgment for that of the triers of the facts. These findings will not be disturbed in the absence of a clear showing that the trial court committed prejudicial error or that the evidence demonstrates that the conclusions reached are
At no time during the conference on instructions to the jury, nor at any time thereafter, did appellants object to the court’s instruction on the issue of contributory negligence raised by the defenses interposed by each appellee. Such objection may not be raised for the first time on appeal as has been attempted herein by appellants.
We cannot agree with appellants’ contention that the court erred in denying their request for an instruction on the doctrine of last clear chance. It has been pointed out that this instruction should be sparingly given, and then only under such factual presentation as clearly warrants the application of the principle to the issues in the case.
The judgment appealed is affirmed.
. Old Equity Life Insurance Company v. Levenson (Fla.App.1965), 177 So.2d 50; Stoller v. Jaffe (Fla.App.1961), 125 So.2d 310.
. Rule 1.470(b), R.C.P., 30 F.S.A.
Smith v. Tantlinger (Fla.App.1958), 102 So.2d 840.
. Perdue v. Copeland (Fla.1969), 220 So.2d 617.
. Bethel Apostolic Temple v. Wiggen (Fla.1967), 200 So.2d 797; Lee County Oil Company v. Marshall (Fla.App.1957), 98 So.2d 510.