Miner v. Dabney-Johnson Oil Corp.

This cause was transferred to this court after decision by the District Court of Appeal. We are in full accord with the conclusion reached by the District Court of Appeal regarding the sufficiency of the evidence to support the judgment and agree with that court “that the case presents a substantial conflict in the evidence”. We question, however, the correctness of the determination of that court that the trial court so seriously erred in its instructions to the jury as to compel a reversal of the judgment.

The first instruction to which the appellants object is as follows: “You are…