Snider v. Bancroft Inv. Corp.

• Decision Date: 24 October 1952
• Citation: 61 So.2d 184
• Court: Florida Supreme Court
• Parties: SNIDER v. BANCROFT INV. CORP.

Page 184

61 So.2d 184

SNIDER v.BANCROFT INV. CORP.

Supreme Court of Florida, Division A.

Oct. 24, 1952.

Bedell & Bedell, Jacksonville, for appellant.

Osborne, Copp & Markham, Jacksonville, for appellee.

TERRELL, Justice.

Bancroft Investment Company was the owner and operator of an elevator in the Professional Building, Jacksonville.Jack Snider was a tenant in the building and boarded the elevator on the ground floor, bound for his office on the sixth floor.When the elevator reached the second floor, on account of the crowded condition, Snider stepped off in order that others might alight more readily.As he stepped aboard, the elevator door struck him on the right shoulder, knocking him against the opposite wall.Two or three hours later, Snider's arm got numb.He sought medical relief and was sent to the hospital, where his arm was placed in a sling, and fitted with a brace.In a suit to recover damages for personal injuries, the jury returned a verdict for defendant and the plaintiff appealed.

Appellant contends, (1) the evidence required a finding of negligence on the part of the elevator operator; (2) contributory negligence on the part of plaintiff was not proven; (3) the applicable rule of law required the granting of a new trial.

Contentions one and two are addressed to the finding of the jury as to the probative value of the evidence.The evidence has been examined, and, while some aspects of its may be susceptible of a different interpretation, the jury, under fair, full, and appropriate charges, settled the point against the contention of appellant.It is further contended that the 'verdict is the result of some prejudice,' but no such 'prejudice' is pointed out, and we are unable to say that the jury was...