O'Neill v. Coates Plumbing Supply Co.

Citations

• 73 Fla. 642
• 75 So. 751
• 1917 Fla. LEXIS 489

Syllabus

<p>Practice at Law—Affirmative Charge—-Should Not Be Given When There Is Conflicting Evidence on the Issue.</p> <p>It is the well settled rule that where there is substantial conflict in the evidence on material issues in the case, it is lor the jury to decide such conflicts, and that the trial court in such cases errs when he takes such question from the jury and decides it himself as a matter of law by giving an affirmative instruction to the jury to find the issue in favor of either of the parties.</p>