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HUMPHREY v. CITY OF HOMESTEAD

No. 68-1034.

224 So.2d 739 (1969)

Arnold Franklin HUMPHREY, Jr., Appellant, v. CITY OF HOMESTEAD, a Municipal Corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied July 30, 1969.

Attorney(s) appearing for the Case

Highsmith & Ezzo, Miami, for appellant.

West & Goldman, Miami, for appellee.

Before PEARSON, HENDRY and SWANN, JJ.

PER CURIAM.

The sole point raised and argued by the appellant on this appeal is:

"Whether the court erred as a matter of law in instructing the jury on the issue of the negligence of the child's mother when there existed no evidence upon which to base such a charge."

We must determine then only the question of whether there was evidence in the record to support the charge. See Wynne v. Aside, Fla.App., 1964, 163 So.2d 760

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