Legal Opinion · Concurring in part, dissenting in part

C. J. Jones Lumber Co. v. Morrison

District Court of Appeal of Florida

Decided May 15, 1963No. 3017Published

1Concurring in part, dissenting in partShannon, Chief Judge

I concur in the reasoning of the majority opinion as to the incorrectness of the jury verdict; however, I regret that I must dissent from the result reached by the majority. From the facts and evidence as set out in the majority opinion, and as elaborated upon hereafter, I feel that a verdict should have been directed for the defendants at the conclusion of all of the evidence. I therefore direct my attention to this sole issue.

Involved here is Sec. 317.47, Fla.Stat., F.S.A., which provides that the truck was required to have two headlights; and under Sec. 317.46, Fla.Stat., F.S.A., these…

2Cases cited16 opinions

  1. S. H. Kress & Co. v. SharpMississippi Supreme Court · 1930
  2. Clark v. SumnerSupreme Court of Florida · 1954
  3. Borrson v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1943
  4. Russell v. Mississippi Central RailroadMississippi Supreme Court · 1960
  5. Alessi v. FarkasDistrict Court of Appeal of Florida · 1960

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