Florida East Coast Railway Co. v. Edwards ex rel. Edwards

(dissenting) :

F.S. Sec. 768.05, F.S.A., has been consistently construed by this Court as creating only a procedural presumption not to be weighed in evidence when any evidence on the issue of negligence is introduced by either party,1 contrary to the construction elsewhere upon which adjudication of unconstitutionality has been based.2 In the absence of any showing in the record or on the face of the order that the court relied on the statutory presumption, the assumption must be that in accordance with uniform past construction of this statute the order for directed verdict on the issue of…