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· 6/15/1909

Jacksonville Electric Co. v. Cubbage

Citations

  • 58 Fla. 287

Syllabus

<p>1. There is no variance between the allegation that injury was caused by the “sudden movement” of a car and the proof that the car “started” forward as the passenger was alighting.</p> <p>2. A charge based upon credible evidence is not abstract.</p> <p>3. A general charge that a street car company must use “all care” to avoid injuring a passenger cannot be error where the sole question presented is whether the car had stopped before the passenger attempted to get ¡off.</p> <p>4. A physician who examines a patient may testify that a blow upon her face could cause the chronic headache from which - she suffered.</p> <p>5. Mere preponderance in evidence does not justify an appellate court in reversing a jury’s verdict, concurred in by the trial court.</p>

Judges: Account, Cockrell, Illness, Taylor

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