City of Avon Park v. Giddens

BARNS, Circuit Judge:

At trial upon the issues a verdict of $35,000.00 was rendered for appellee-plaintiff and on motion for new trial the trial judge made an order for a remittitur of $10,000.00 which the plaintiff made and the defendant City appeals.

The first count of plaintiff’s declaration charges that the defendant so operated an automobile, which was in an unfit mechanical condition, so as to run said car off the highway and into and against Roger Giddens, eight years of age.

The second count is similar to the first count with a charge that the car was being operated for a “corporate…