Clark v. Farmer

GARDNER, Justice.

Plaintiff sues as the widow of B. G. Farmer, whose death she insists was produced by the negligent operation of an automobile driven by defendant. The accident occurred in the state of Florida, some ten miles south of Blountstown, and the action is rested upon the Florida statute. Sections 4960, 4961, Revised General Statutes of Florida 1920; Caine v. St. Louis & S. F. R. Co., 209 Ala. 181, 95 So. 876, 32 A. L. R. 793. The car was owned by deceased, and defendant was his chauffeur.

The question here of first importance relates to the refusal of the affirmative charge requested…