Green v. Evans ex rel. Evans

JOHNSON, Chief Judge.

This is an appeal from an order granting a new trial after a jury verdict had been rendered against the plaintiff. The case arose in Duval County, Florida.

The issue on appeal has been narrowed down by the parties to this question: Was it prejudicial error for the trial court to instruct the jury with respect to section 790.17, Florida Statutes, F.S.A., and the consequences thereof?

The facts are: the appellant, Randy Green, age IS at the time of the alleged accident, spent the night with two school boy friends at the home of the latter, the Evans home. Early next morning…