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BEASON v. EVANS

No. 64-673.

173 So.2d 516 (1965)

Alorise Leonard BEASON, Appellant, v. Daniel EVANS, Jr., Appellee.

District Court of Appeal of Florida. Third District.

April 6, 1965.

Attorney(s) appearing for the Case

Fuller & Brumer, Miami, for appellant.

Wolfson & Diamond, Miami Beach, for appellee.

Before BARKDULL, C.J., and TILLMAN PEARSON and HENDRY, JJ.

HENDRY, Judge.

Plaintiff brought action seeking damages for personal injuries sustained in a "rear end" motor vehicle collision. The case was tried by a jury which returned a not guilty verdict in favor of the defendant. The plaintiff then successfully moved for a new trial and in the order granting same the trial court said:

"1. * * * The evidence indicated a definite rear end collision which raised a presumption of negligence; which presumption the Defendant...

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