City Grocery Co. v. Cothron
| Decision Date | 30 November 1934 |
| Citation | 117 Fla. 322,157 So. 891 |
| Parties | CITY GROCERY CO. v. COTHRON. |
| Court | Florida Supreme Court |
Error to Circuit Court, Duval County; George Couper Gibbs, Judge.
Action by Sam Cothron against the City Grocery Company, a corporation. To review a judgment for the plaintiff defendant brings error, and plaintiff moves to dismiss.
Judgment affirmed.
COUNSEL Fred B. Noble and S. S. Blondheim, both of Jacksonville, for plaintiff in error.
Will O Murrell, of Jacksonville, and L. W. Nelson, of St. Augustine for defendant in error.
This was an action for personal injuries received by Sam Cothron as a result of being struck by defendant's truck while standing on a street in the city of Jacksonville. The trial court sustained, as against a demurrer, plaintiff's declaration which alleged that the defendant corporation owned the truck, and that, at the time and place said truck is alleged to have negligently inflicted the personal injuries sued for, it was being operated with defendant's knowledge and consent. Trial was had on issues made up on certain pleas and a verdict returned and judgment entered in plaintiff's favor for $3,000. New trial being denied, writ of error was sued out to this court. Oral argument was heard on a motion to dismiss at which both parties appeared and were heard on the merits.
For the purpose of this appeal plaintiff in error's brief concedes the negligence of the driver of the truck at the time it struck plaintiff. Counsel therefore confines his defense entirely to the proposition that it was not sufficiently established by the evidence that the truck which struck plaintiff was at the time owned by defendant and being driven at the time and place involved, with defendant's knowledge and consent, as averred in the declaration and put in issue by the pleas.
It was established by the evidence that the plaintiff was struck by a truck driven at the time by one Ben Frasier who plaintiff testified, in response to a question asked by the trial judge himself, was working during that period as an extra helper and driver for City Grocery Company. The truck operated by Frasier was identified by other witnesses as having painted on its side the name 'City Grocery Company,' the name of defendant. A jury of reasonable men was therefore warranted in drawing the inference that a truck identified as a City Grocery Company truck being driven by a man also...
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...if it consists of mysterious or unexplained circumstances, these should be resolved by a jury rather than the court. City Grocery Co. v. Cothron, 117 Fla. 322, 157 So. 891; Starks v. Sawyer, Fla. 596, 47 So. 513; Commercial Credit Co. v. Parker, 101 Fla. 928, 132 So. 640; Harbeson Lumber Co......
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...767, 136 So. 532.2 Chase & Co. v. Benefield, Fla.1953, 64 So.2d 922.3 Chase & Co. v. Benefield, supra note 2.4 City Grocery Co. v. Cothron, 117 Fla. 322, 157 So. 891, 892.5 Lynch v. Walker, 159 Fla. 188, 31 So.2d 268.6 Weber v. Porco, Fla.1958, 100 So.2d 146, 149.7 Boggs v. Butler, 129 Fla.......
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...Fla. 1125, 132 So. 815; Engleman v. Traeger, 102 Fla. 756, 136 So. 527; Greene v. Miller, 102 Fla. 767, 136 So. 532; City Grocery Co. v. Cothron, 117 Fla. 322, 157 So. 891." (10 So.2d 720) (Boggs et al. v. Butler, 129 Fla. 324, 176 So. 174, Also, see Anderson v. Southern Cotton Oil Co., Sup......
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