BUTZ v. RINEHEART


88 So.2d 125 (1956)

Lawrence P. BUTZ, Appellant, v. Elwood J. RINEHEART, Appellee.

Supreme Court of Florida, Special Division B.

Rehearing Denied June 7, 1956.


Attorney(s) appearing for the Case

Shackleford, Farrior, Shannon & Stallings, G.T. Shannon and Vernon W. Evans, Jr., Tampa, for appellant.

Dye & Dye, Dewey A. Dye and Dewey A. Dye, Jr., Bradenton, for appellee.


ROBERTS, Justice.

This is an appeal from an order granting a new trial to plaintiff after the jury had returned a verdict in favor of defendant. The grounds of the trial judge's order were (1) undue emphasis on the law of contributory negligence in his charge to the jury, and (2) an erroneous charge on the law of the road, given at the request of the defendant.

We agree with the trial judge that his earlier charge on the law of the road was more appropriate...

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