Florala Saw Mill Co. v. Smith

Citations

• 55 Fla. 447

Syllabus

<p>1. The propriety or impropriety of an instruction, or part of an instruction is determined by a consideration of all the instructions and charges given by the trial court, in connection with the questioned instruction and the proven facts.</p> <p>2. The givingofabstractinstructiónsshouldbe avoided when it is possible to do so, because they are sometimes misleading, but to be a ground for reversal it must affirmatively appear that they were misleading.</p> <p>3. In view of the fact that there was evidence tending to support the issues presented by the plaintiff, the defendant was not entitled to an affirmative instruction.</p> <p>4. Whether or not a witness has such special knowledge as to qualify him to testify as an expert, is to be determihed by the trial judge exercising a reasonable discretion, and his action will not be disturbed unless it affirmatively appears from the record that he erred. The exact amount of special knowledge such a witness must have cannot be expressed in the terms of an abstract proposition of law.</p> <p>5. The general principles of law applicable to the main facts of the instant case are set forth in Camp v. Hall, 39 Fla. 335, 22 South. Rep. 792 (3rd, 4th, 5th and 6th head notes); Green v. Sansom, 41 Fla. 94, 25 South. Rep. 332; Jacksonville Electric Co. v. Sloan, 52 Florida, 257. 42. South. Rep. 516.</p>