Menendez v. Saffold Bros. Produce Co., Inc.

Supreme Court of Florida

Menendez v. Saffold Bros. Produce Co., Inc.

163 So. 573, 121 Fla. 296, 1935 Fla. LEXIS 1566

Supreme Court of Florida·Decided October 22, 1935·Published

Opinion

Per Curiam.

In an action to recover damages for personal injuries received in a collision between an auto truck and a motorcycle, the court rendered judgment on a directed verdict for the defendant at the close of plaintiff’s testimony and later denied a motion for new trial. Plaintiff took writ of error.

The testimony adduced for the plaintiff clearly showed substantial contributory negligence of the plaintiff who was *297 riding the motorcycle when the collision occurred. This bars recovery by'the common law applicable in such cases. Affirmed.

Whitfield, C. J., and Terrell, Brown, Buford, and Davis, J. J., concur.

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Per Curiam.

In an action to recover damages for personal injuries received in a collision between an auto truck and a motorcycle, the court rendered judgment on a directed verdict for the defendant at the close of plaintiff’s testimony and later denied a motion for new trial. Plaintiff took writ of error.

The testimony adduced for the plaintiff clearly showed substantial contributory negligence of the plaintiff who was *297 riding the motorcycle when the collision occurred. This bars recovery by'the common law applicable in such cases. Affirmed.

Whitfield, C. J., and Terrell, Brown, Buford, and Davis, J. J., concur.

Menendez v. Saffold Bros. Produce Co., Inc., 163 So. 573, 121 Fla. 296, 1935 Fla. LEXIS 1566 (Fla. 1935).

Pincite

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