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PRUITT v. WHELCHEL

No. 2675.

233 So.2d 851 (1970)

Cora Leigh PRUITT and Burt Pruitt, Husband and Wife, Appellants, v. Hugh WHELCHEL d/b/a Game Trail Riding Ranch, Appellee.

District Court of Appeal of Florida, Fourth District.

April 17, 1970.

Attorney(s) appearing for the Case

John R. Young, of Hamilton, James, Merkle & Young, West Palm Beach, for appellants.

Elmo R. Hoffman, of Hoffman, Hendry & Parker, Orlando, for appellee.

PER CURIAM.

Affirmed.

WALDEN and OWEN, JJ., concur.

CROSS, C.J., dissents, with opinion.

CROSS, Chief Judge (dissenting).

I must respectfully dissent.

I am of the conviction that the injection in the court's instructions of the specter of assumption of the risk in the instant case was highly improper and prejudicial to plaintiffs' case. Jury charges must square with the rule of law arising from the facts developed at the trial...

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