Bass v. Ramey

MELVIN, WOODROW M., Associate Judge.

This is an appeal by the defendant to review a final judgment in favor of the plaintiff based upon a verdict of the jury as to damages. The trial court, upon motion of plaintiff, directed a verdict in favor of the plaintiff upon the issue of liability. The defendant’s answer raised the affirmative defense of contributory negligence. He assigns as error the ruling of the court in directing a verdict as to liability.

In Cash v. Gates, Fla.App.1963, 151 So.2d 838, text 840, it was held that:

“The party moving for a directed verdict admits not only the facts…