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Miami Transit Co. v. Ross

Supreme Court of Florida, En Banc
Jul 27, 1932
143 So. 234 (Fla. 1932)

Opinion

Opinion filed July 27, 1932. Petition for rehearing denied August 23, 1932.

A writ of error to the Circuit Court for Dade County; H. F. Atkinson, Judge.

Worley Worley, for Plaintiff in Error;

Collins Collins, and Waller Pepper, for Defendant in Error.


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.2d 766; Luce v. Lee, 79 Fla. 693, 84 So. 726; Florida Railway and Navigation Co. v. Webster, 25 Fla. 394, 5 So.2d 714. The court, without a detailed discussion of the errors assigned, hereby orders, 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.


Summaries of

Miami Transit Co. v. Ross

Supreme Court of Florida, En Banc
Jul 27, 1932
143 So. 234 (Fla. 1932)
Case details for

Miami Transit Co. v. Ross

Case Details

Full title:MIAMI TRANSIT COMPANY, a Florida Corporation, Plaintiff in Error, vs. R…

Court:Supreme Court of Florida, En Banc

Date published: Jul 27, 1932

Citations

143 So. 234 (Fla. 1932)
143 So. 234

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