Stevens v. Tampa Electric Co.

Citations

• 81 Fla. 512
• 88 So. 303

Syllabus

<p>1. The presumption of negligence cast upon railroads by o.ur statute in personal injury cases ceases when the railroad company has made it appear that its agents have exercised all ordinary and reasonable cafe arid diligence.</p> <p>2. A jury cannot lawfully find for the plaintiff unless the evidence is of such a nature as to produce a reasonable belief of the facts essential to the verdict:</p> <p>3. A trial court should not sustain a verdict when it is not in accord with, the manifest weight of the evidence or with the justice of the case.</p> <p>4. In appellate proceeding, it is encumbent upon the plaintiff in error or appellant definitely to show the errors complained of. And if this burden is not distinctly met, the action of the trial court will not he disturbed. Where the appellate court is in doubt as to the propriety of a ruling of the trial court, the ruling will stand.</p> <p>5. Where it is not clear that a trial judge erred in determining the probative effect of the competent testimony of witnesses taken before him, his judgment thereon should not be reversed, particularly where the testimony is conflicting and the witnesses are adversely interested or may not have had the same opportunities in observing, or equal qualities to appreciate, the facts testified to.</p> <p>6. A party moving for a directed verdict, admits not only the facts stated in the evidence adduced, but also admits every conclusion favorable to the adverse party that a jury might fairly and reasonably infer from the evidence.</p> <p>7. In an action for negligence the question whether the railroad company has exercised all ordinary and reasonable care and diligence is to be determined by a consideration of the duty imposed by law upon the company under the facts and circumstances of each case that arises.</p> <p>8. In determining whether the trial court committed reversible error in directing a verdict for the defendant on the evidence adduced by both parties, the fair inferences to b