Opinion
May 26, 1950. Rehearing Denied June 8, 1950.
Appeal from the Circuit Court, Pinellas County, John Dickinson, J.
Stuart B. Warren, St. Petersburg, for appellants.
McMullen, McMullen Pogue, Clearwater, for appellees.
The above cases, by stipulation of counsel, were consolidated for the purpose of trial. One suit was brought by the husband individually against the defendants and the other was brought by the husband and wife against the defendants to recover damages for injuries to the wife flowing from the alleged negligent operation of an automobile at the intersection of Coquina Avenue and Corey Way in St. Petersburg Beach, Pinellas County, Florida, on February 29, 1948. The jury rendered separate verdicts for the defendants below and plaintiffs appealed.
It is contended, first, that the trial court's instruction on "unavoidable accidents" was erroneous; second, the trial court erred in admitting into evidence a written report made by the police as to the accident and later withdrawing the report from the jury and instructing it to disregard the same in its deliberations; and, third, the verdicts of the jury were against the manifest weight of the testimony adduced during the progress of the trial.
It is established law on appeals to this Court that a presumption of correctness exists as to the judgment entered below and the burden of showing reversible error rests on the party contending that error was committed during the trial of the cause. We have read the record, heard oral argument at the bar of this Court, and the briefs have been carefully examined and it is our view and conclusion that reversible error has not been fully made to appear.
Affirmed.
ADAMS, C.J., and SEBRING and HOBSON, JJ., concur.