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Karp v. Hodor

Sol KARP v. Sidney HODOR

Karp v. Hodor, 166 So. 2d 597 (Fla. Dist. Ct. App. 1964)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
June 23, 1964
Docket
No. 63-810
Judges
Carroll, Hendry, Pearson
Citations
166 So. 2d 5971964 Fla. App. LEXIS 3993
Cited by 6 1 descriptions by later courts

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

PER CURIAM.

This is an appeal from a final judgment for the defendant. The action brought by the plaintiff, appellant, was for personal injuries. He suffered an adverse jury verdict upon which the judgment was entered.

The principle contention of the appellant is that it was reversible error for the court to charge the jury on the issues of (1) assault and battery, (2) negligence and (3) contributory negligence, without stating that contributory negligence was not a defense to assault and battery. It is clear that under the facts shown by this record it would have been proper to have added such an instruction to the charge of the court. However, where the verdict is conformable to the law and to the facts, an appellate court will not set it aside merely because the court failed to give an instruction that might properly have been given. City of Jacksonville v. Vaughn, 92 Fla. 339 , 110 So. 529 ; Maistrosky v. Harvey, Fla.App.1961, 133 So.2d 103 .

The applicability of this rule is clear where, as here, the only objection to the-court’s ruling at the charge conference, that it would charge on contributory negligence,, was that “there is no evidence of contributory negligence”. Fred Howland, Inc. v. Morris, 143 Fla. 189 , 196 So. 472 , 128 A.L.R. 1013 .

Affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 6 cases

View all citing references →
1970: 21971: 11976: 11986: 12001: 119702026peak 1970 · 2

Relies on it most ⓘ

  1. Kinya v. Lifter, Inc.489 So. 2d 92 (Fla. Dist. Ct. App. 1986)
  2. Wackenhut Corporation v. Greene238 So. 2d 431 (Fla. Dist. Ct. App. 1970)
  3. Cruz v. Plasencia778 So. 2d 458 (Fla. Dist. Ct. App. 2001)
  4. Murray M. Sheldon, Inc. v. Azif230 So. 2d 504 (Fla. Dist. Ct. App. 1970)
  5. Bruce v. Vestel242 So. 2d 879 (Fla. Dist. Ct. App. 1971)
  6. Pezzi v. Burnup & Sims, Inc.328 So. 2d 580 (Fla. Dist. Ct. App. 1976)

Most recent

  1. Cruz v. Plasencia778 So. 2d 458 (Fla. Dist. Ct. App. 2001)
  2. Kinya v. Lifter, Inc.489 So. 2d 92 (Fla. Dist. Ct. App. 1986)
  3. Pezzi v. Burnup & Sims, Inc.328 So. 2d 580 (Fla. Dist. Ct. App. 1976)
  4. Bruce v. Vestel242 So. 2d 879 (Fla. Dist. Ct. App. 1971)
  5. Wackenhut Corporation v. Greene238 So. 2d 431 (Fla. Dist. Ct. App. 1970)
  6. Murray M. Sheldon, Inc. v. Azif230 So. 2d 504 (Fla. Dist. Ct. App. 1970)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Fred Howland, Inc. v. Morris, 196 So. 472 (Fla. 1940) 49
City of Jacksonville v. Vaughn, 110 So. 529 (Fla. 1926) 14
Maistrosky v. Harvey, 133 So. 2d 103 (Fla. Dist. Ct. App. 1961) 12

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