Opinion
February 17, 1942
An appeal from the Circuit Court for Dade County, Arthur Gomez, Judge.
McKay, Dixon DeJarnette for appellant.
George J. Baya, for appellee.
Writ of error brings for review judgment in favor of defendant on directed verdict.
Having considered the entire record, we reach the conclusion that upon the whole evidence, though in some respects conflicting, and the application of the controlling principles of law thereto, the plaintiff was precluded from recovery and, therefore, no reversible error is made to appear. See Johnson v. Louisville, etc., R. Co., 59 Fla. 305, 52 So. 195; Stevens v. Tampa Alec. Co., 81. Fla. 512, 88 So. 303; Biscayne Trust Co. v. Pennsylvania Sugar Co., 103 Fla. 155, 137 So. 147.
Judgment affirmed.
So ordered.
WHITFIELD, TERRELL, BUFORD, CHAPMAN, THOMAS and ADAMS, JJ., concur.
BROWN, C. J., dissents.