Triay v. Seals

Under the statutes an action for damages may be maintained by designated classes for the wrongful death of a person, provided the decedent could have maintained an action for the injury if death had not ensued; and if negligence of the decedent proximately contributed to the injury, the recovery of damages will be reduced or barred according to the law applicable to the particular case. Sections 4960, 4961, 4965, Revised General Statutes of 1920. 41 Fla. 1; 138 U. S. 483, 17 C. J. 1242; 8 R. C. L. 779; 74 Fla. 307; 61 Fla. 424; 72 Fla. 161; 77 Fla. 150.

In an action for injuries caused by the…