Red Top Cab and Baggage Co. v. Dorner

BARNS, J.:

The appellants as plaintiffs, having suffered a directed verdict and a diverse judgment, entered appeal. Appellee now seeks to have the record on appeal supplemented by matters omitted.

The grounds for defendant’s motion for a directed verdict were: (a) that M. F. Fontaine had been guilty of a contributory negligence; (b) that M. F. Fontaine had not made an election within thirty days after the date of his injuries as provided by Section 440.39 (1) F.S.A.; (c) that the cause of action abated on the death of M. F. Fontaine pursuant to Section 45.11 F.S.A. and was barred by the Statute…