Barton v. Miami Transit Co.

The appellants sued the appellee, charging that it operated a bus so negligently that the bus struck the car in which they were seated while parked at an open drawbridge, wrecked the automobile, and gravely injured the occupants.

The defendant filed the lone plea of not guilty.

At the trial, after a jury had been sworn in chief and as counsel for the plaintiffs was about to make an opening statement to the jurors outlining the plaintiffs' case, the attorney for the defendant stated to the court that the plea of not guilty would be withdrawn and the plaintiffs would be put "on proof of their…