Louisville & Nashville Railroad v. Croxton

Citations

• 63 Fla. 223

Syllabus

<p>1. Where the materiality of a question does not appear, the court will not be held in error in sustaining an objection to it.</p> <p>2. Error if any in the admission of mortality tables in evid&nce to show the life expectancy of an injured plaintiff, is harmless, where there is evidence of a serious injury and the court charges the jury that, such tables are to be considered only in the event of a finding of permanent injury caused by the defendant’s negligence.</p> <p>3. A charge substantially in the language of Section 3148, General Statutes of 1906, is not erroneous.</p> <p>4. Charges examined and found not subject to criticisms made of them.</p> <p>5. In refusing to give’ a charge that “the burden is on the plaintiff Croxton, to establish -by a preponderance of the'evidence that he received the injury in the manner set forth in the declaration,” no error was committed where the court had already charged the jury that “the burden of proof in the first instance is upon the plaintiff to prove by a preponderance of the evidence that he received tlie injury by the starting of the cars as alleged in the declaration.”</p>