Legal Opinion

Florida East Coast Railway Co. v. Acheson

Supreme Court of Florida

Decided June 13, 1931PublishedCited by 8 opinions

1Opinion of the CourtDavis, J.

— Tbe general rule is that in an action for negligence tbe negligence of tbe defendant will not be presumed as against a plea of not guilty. There may be exceptions to this rule, but they are not applicable to this case.

Where injury is alleged some negligence of the defendant must be shown which directly contributed to the injury. Such showing may be made either by direct or circumstantial evidence. But in every case the burden of proof resting upon the plaintiff must be met and sustained to warrant a recovery.

When the evidence in this case is analyzed and considered in its most favorable…

2Cases cited2 opinions

  1. Whetston v. StateSupreme Court of Florida · 1893
  2. Sovereign Camp of the Woodmen of the World v. HodgesSupreme Court of Florida · 1916

3Cited by8 opinions

  1. Voelker v. Combined Ins. Co. of AmericaSupreme Court of Florida · 1954
  2. Frank v. StateSupreme Court of Florida · 1935
  3. Warner v. WareSupreme Court of Florida · 1938
  4. Stigletts v. McDonaldSupreme Court of Florida · 1938
  5. Mutual Life Ins. Co. of New York v. ZimmermanCourt of Appeals for the Fifth Circuit · 1935

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