Miami Transit Co. v. Ross

143 So. 234, 106 Fla. 298

• Court: Supreme Court of Florida
• Decided: July 27, 1932
• Status: Published

Opinion

Per Curiam.

This writ of error was taken to a judgment for $4423.68 damages to the plaintiff in an action for personal and property injuries in a collision between an automobile and a motor bus. The record has been duly considered and negligence of the defendant as alleged being shown but the damages' awarded being excessive a remittitur may be permitted. Ryan v. Noble, 95 Fla. 830, 115 So. 766; Luce v. Lee, 79 Fla. 693, 84 So. 726; Florida Railway and Navigation Co. v. Webster, 25 Fla. 394, 5 So. 714. Tbe court, without a detailed discussion of the errors assigned, hereby orders1 that upon remittitur of $1500.00 being entered as of the date of the judgment, within ten days after the filing of the mandate in the trial court, the judgment will stand affirmed for the remainder $2923.68, otherwise the judgment will stand reversed for a new trial.

It is so ordered.

Whitfield, P. J., and Terrell and Davis, J. J., concur.