F. W. Woolworth Co. v. McCloud

Supreme Court of Florida

F. W. Woolworth Co. v. McCloud

121 So. 574, 97 Fla. 590

DecidedApril 16, 1929

StatusPublished

This text of 121 So. 574 (F. W. Woolworth Co. v. McCloud) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

F. W. Woolworth Co. v. McCloud, 121 So. 574, 97 Fla. 590 (Fla. 1929).

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Opinion

Per Curiam

A judgment was rendered herein against the defendants below, plaintiffs in error here, for $17,500.00 damages, as joint tore feasors. Upon consideration of the record Mr. Chief Justice Terrell, Mr. Justice Whitfield *591 and Mr. Justice Buford are of the opinion that on the particular facts shown the liability is joint, while Mr. Justice Ellis, Mr. Justice Brown and Circuit Judge Johnson, sitting in lieu of Mr. Justice Strum, disqualified, are of the opinion that the liability is not joint. All agree that the damages awarded are excessive. It is therefore considered, ordered and adjudged that if the plaintiff below shall remit $5,000.00 the judgment shall stand affirmed for $12,500.00, otherwise the judgment will stand reversed for a new trial. It is so ordered.

Terrell, C. J., and Whitfield, Ellis, Brown and Buford, J. J., and Johnson, Circuit Judge, concur. Strum, J., disqualified.

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Per Curiam

A judgment was rendered herein against the defendants below, plaintiffs in error here, for $17,500.00 damages, as joint tore feasors. Upon consideration of the record Mr. Chief Justice Terrell, Mr. Justice Whitfield *591 and Mr. Justice Buford are of the opinion that on the particular facts shown the liability is joint, while Mr. Justice Ellis, Mr. Justice Brown and Circuit Judge Johnson, sitting in lieu of Mr. Justice Strum, disqualified, are of the opinion that the liability is not joint. All agree that the damages awarded are excessive. It is therefore considered, ordered and adjudged that if the plaintiff below shall remit $5,000.00 the judgment shall stand affirmed for $12,500.00, otherwise the judgment will stand reversed for a new trial. It is so ordered.

Terrell, C. J., and Whitfield, Ellis, Brown and Buford, J. J., and Johnson, Circuit Judge, concur. Strum, J., disqualified.

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Bluebook (online)

121 So. 574, 97 Fla. 590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/f-w-woolworth-co-v-mccloud-fla-1929.