jury upon doctrine in Florida

6 Florida opinions name it 2 courts 1937–1970 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (0)

Case	Followed	Cited
No positive-treatment citations attached to this issue in Florida.

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (9)

Case	Cited	Years
Connolly v. Steakley green fla · 1967 1 sentence 1970We conclude that under the facts of this case and on the authority of Perdue v. Copeland, Fla.1969, 220 So.2d 617 ; Morse Auto Rentals, Inc. v. Kravitz, Fla.1967, 197 So.2d 817 ; and Connolly v. Steakley, Fla.1967, 197 So.2d 524 , the court properly declined to give an instruction to the jury upon the doctrine of last clear chance.	1	1970–1970
Morse Auto Rentals, Inc. v. Kravitz green fla · 1967 1 sentence 1970We conclude that under the facts of this case and on the authority of Perdue v. Copeland, Fla.1969, 220 So.2d 617 ; Morse Auto Rentals, Inc. v. Kravitz, Fla.1967, 197 So.2d 817 ; and Connolly v. Steakley, Fla.1967, 197 So.2d 524 , the court properly declined to give an instruction to the jury upon the doctrine of last clear chance.	1	1970–1970
Perdue v. Copeland green fla · 1969 1 sentence 1970We conclude that under the facts of this case and on the authority of Perdue v. Copeland, Fla.1969, 220 So.2d 617 ; Morse Auto Rentals, Inc. v. Kravitz, Fla.1967, 197 So.2d 817 ; and Connolly v. Steakley, Fla.1967, 197 So.2d 524 , the court properly declined to give an instruction to the jury upon the doctrine of last clear chance.	1	1970–1970
Hart v. Jackson green fladistctapp · 1962 1 sentence 1966The giving of the “unavoidable accident” instruction under these circum stances, in my opinion, could only confuse the jury and was prejudicial error. -The cause should be reversed on authority of Sirmons v. Pittman, (First District Fla.1962), 138 So.2d 765 , wherein the Court stated: * * * “Where the pleadings and evidence authorize a finding that the injury was the result of negligence, it is error to charge the jury upon the doctrine of ‘unavoidable accident’.” * * * The majority opinion states that the holding of “harmless error” in Hart v. Jackson, (Fla.App.Ct.1962), 142 So.2d 326 , * * *	1	1966–1966
Sirmons v. Pittman green fladistctapp · 1962 1 sentence 1966The giving of the “unavoidable accident” instruction under these circum stances, in my opinion, could only confuse the jury and was prejudicial error. -The cause should be reversed on authority of Sirmons v. Pittman, (First District Fla.1962), 138 So.2d 765 , wherein the Court stated: * * * “Where the pleadings and evidence authorize a finding that the injury was the result of negligence, it is error to charge the jury upon the doctrine of ‘unavoidable accident’.” * * * The majority opinion states that the holding of “harmless error” in Hart v. Jackson, (Fla.App.Ct.1962), 142 So.2d 326 , * * *	1	1966–1966
Harper v. Hall green gactapp · 1948 2 sentences 1962Harper v. Hall, 76 Ga. App. 441 , 46 S.E.2d 201 . 1962Harper v. Hall, 76 Ga. App. 441 , 46 S.E.2d 201 .	1	1962–1962
State, Ex Rel. Heavelow v. Frederick neutral fla · 1935 2 sentences 1959Heavelow v. Frederick, 1935, 121 Fla. 494 , 163 So. 885 and our statutes (§§ 78.19 and 78.21) is that said value, be it entire or “special,” should be fixed by a jury upon an inquiry. 1959Heavelow v. Frederick, 1935, 121 Fla. 494 , 163 So. 885 and our statutes (§§ 78.19 and 78.21) is that said value, be it entire or “special,” should be fixed by a jury upon an inquiry.	1	1959–1959
Williamson v. State neutral fla · 1926 2 sentences 1957Apparently the trial court's charge was based in part upon Williamson v. State, 1926, 92 Fla. 1094 , 111 So. 245, 247 . 1957Apparently the trial court's charge was based in part upon Williamson v. State, 1926, 92 Fla. 1094 , 111 So. 245, 247 .	1	1957–1957
Merchants Transportation Co. v. Daniel green fla · 1933 2 sentences 1937His charge seems to have correctly followed the law on this subject as expressed in the opinion of Mr. Justice Davis in the case of Merchants Transportation Co. v. Daniel, 109 Fla. 496 , 149 So. 401 . 1937His charge seems to have correctly followed the law on this subject as expressed in the opinion of Mr. Justice Davis in the case of Merchants Transportation Co. v. Daniel, 109 Fla. 496 , 149 So. 401 .	1	1937–1937

Where else courts name it

CA 22 (1911–2019) MO 14 (1915–1991) GA 8 (1913–1979) FL 6 (1937–1970) OK 5 (1911–1986) PA 4 (1916–1986) IN 3 (1928–1980) TX 3 (1906–1955) NY 3 (1930–1964) NH 2 (1856–1995) OR 2 (1892–1950) NC 2 (1981–2011) CO 2 (1934–1970) CT 2 (1890–1984) MN 2 (1915–1921)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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