Atlantic Coast Line R. Co. v. Florida Fine Fruit Company

Decision Date14 June 1927
PartiesATLANTIC COAST LINE R. CO. v. FLORIDA FINE FRUIT COMPANY
CourtFlorida Supreme Court

On rehearing.

Former opinion adhered to.

For former opinions, see 112 So. 66, 70.

OPINION

PER CURIAM.

Petition for rehearing on the part of respondent was granted in this cause for the purpose of further considering whether or not the petition for certiorari should be denied on the ground that a good case was made on the general negligence and delay counts.

The record has been carefully re-examined. The verdict was general and the errors on which the judgment below was quashed so permeated and affected the entire proceeding, we think, that our former judgment herein must be and is hereby approved, and the judgment of the civil court of record as affirmed by the circuit court of Duval county is hereby quashed.

All concur.

To continue reading

Request your trial
26 cases
  • South Atlantic S.S. Co. of Delaware v. Tutson
    • United States
    • Florida Supreme Court
    • 21 Julio 1939
    ...Ry. Express Co. v. Weatherford, 86 Fla. 626, 98 So. 820; Atlantic C. L. R. Co. v. Florida Fine Fruit Co., 93 Fla. 161, 112 So. 66, 113 So. 384; Postal Tel. Cable Co. v. Broome, 99 Fla. 272, So. 149; State ex rel. Jordan v. Pattishall, 99 Fla. 296, 126 So. 147; Salario v. Latin-Am. Bank, 104......
  • Jones v. Cook
    • United States
    • Florida Supreme Court
    • 25 Febrero 1941
    ...appellate proceedings. A similar question was presented in Atlantic C. L. R. R. Co. v. Florida Fine Fruit Co., 93 Fla. 161, 112 So. 66, 113 So. 384; Brinson v. Tharin, 99 Fla. 696, 127 313; Ulsch v. Mountain City Mill Co., 103 Fla. 932, 138 So. 483, 484, 140 So. 218; Des Rocher & Watkins To......
  • Janet Realty Corp. v. Hoffman's, Inc.
    • United States
    • Florida Supreme Court
    • 23 Diciembre 1943
    ...are calculated to materially injure the complaining party. Atlantic Coast Line R. Co. v. Florida Fine Fruit Co., 93 Fla. 161, 112 So. 66, 113 So. 384. The general purpose and function of the common law writ of certiorari as enunciated by this Court in the recent case of Goodkind v. Wolkowsk......
  • Seaboard Air Line Ry. Co. v. Wells
    • United States
    • Florida Supreme Court
    • 28 Octubre 1930
    ...Express Co. v. Weatherford, 86 Fla. 626, 98 So. 820; Atlantic Coast Line Ry. Co. v. Florida Fine Fruit Co., 93 Fla. 161, 112 So. 66, 113 So. 384; and Brinson v. Tharin (Fla.) 127 313. In this connection it should be noted that, under the statute here under consideration, a statutory presump......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT