Firestone Tire & Rubber Co. v. Fried

The appellee says that two errors appear in our decision of this case, the opinion therein appearing in 31 So.2d 116, (1) a cross appeal taken by the appellee was left undecided, and (2) the five per cent damages awarded the appellee under Section 1971, Code 1942, should be calculated on the value of the property and not on the value of the interest therein in controversy.(1) The matter complained of in the cross appeal was not presented to the Court below. No written instructions were given the jury at the trial, but at the close of the evidence counsel for the appellee requested the court…