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79 Fla. 693

Luce v. Lee

Supreme Court of Florida

Decided May 3, 1920

Supreme Court of Florida · decided 1920-05-03

<p>A Writ of Error to the Circuit- Court for Dade County; H. Pierre Branning, Judge.</p>

Cited by 4 later decisions — most recently July 1932

4 state decisions

Relies on Postal Telegraph Cable Co. v. Scott · Louisville & Nashville Railroad v. Frank · Saunders Transfer Co. v. Underwood

Good law ✅— No negative treatment on recordhow we know

Affirmed in part · Decided 1920-05-03

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Whitfield, J.

¶1Lee recovered judgment for $1000.00 damages for personal injuries received while riding a bicycle because of a collision with an automobile driven by Luce. On writ of error Luce asserts errors in giving charges as well as in other matters of procedure. The charges relative to the elements of damage are more comprehensive than is warranted by the evidence and perhaps by the injuries alleged. Harmful error in such charges is shown by the damages awarded, which in view of all the evidence appear excessive. If the plaintiff enters a remittitur of $500.00, the judgment will stand affirmed for the remainder; otherwise, the judgment will stand reversed for a new trial. L. & N. Ry. Co. v. Frank, 76 Fla. 384; 76 Fla. 336; 77 Fla. 167.

¶2It is so ordered.

Browne, C. J., and Taylor,, Ellis and West, J. J., concur.
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