Simmons v. Hanne

Citations

• 52 Fla. 450

Syllabus

<p>Where the bill of exceptions does not give the evidence in the case, and the trial judge gives affirmative charges directing the jury to find the defendants guilty and as a guide to the jury, in fixing the amount of the verdict that “mere compensation to the plaintiffs is the rule only where no circumstances of aggravation are shown in the evidence connecting the defendants with the trespass,” this court must presume that the evidence warranted these charges, and will not consider assignments of error based on the refusal of the court’ to give instructions on behalf of the defendants.</p>