City of Coral Gables v. Blount

Decision Date30 July 1934
Citation156 So. 244,116 Fla. 356
PartiesCITY OF CORAL GABLES et al. v. Blount
CourtFlorida Supreme Court

En Banc.

Error to Circuit Court, Dade County; H. F. Atkinson, Judge.

Action by W. W. Blount against the City of Coral Gables, a municipal corporation, and others. Judgment in favor of the plaintiffs and the defendant brings writ of error.

Affirmed.

BROWN J., dissenting in part.

COUNSEL

Blackwell & Gray, Morton B. Adams, and Charles A. Morehead, all of Miami, for plaintiffs in error.

John M. Murrell, Marshall F. Sanders, and A. Patrick Cannon, all of Miami, for defendant in error.

OPINION

PER CURIAM.

W. W Blount brought this action against the three plaintiffs in error, city of Coral Gables, Twin Coach Corporation, and University of Miami, to recover for personal injuries received in an automobile collision. A verdict for the plaintiff awarded $25,000 in damages. Thereafter a remittitur of $10,000 was entered, and judgment against the three defendants rendered in the sum of $15,000 damages. Each of the defendants below has taken writ of error.

The declaration was in two counts. Both counts, among other things, allege that the respective defendants so carelessly and negligently operated the motor vehicles under their separate control as to cause the injuries complained of which were suffered by plaintiff, as a passenger in a bus of Twin Coach Corporation driving west, which at a street intersection collided with a Lincoln sedan driving south. It was further shown that the bus of Twin Coach Corporation was being directly operated by the city of Coral Gables as a part of its transportation system, and that the Lincoln sedan was owned and used by the University of Miami, and that at the time of the collision the Lincoln sedan was being used in carrying out the business and functions of the University.

The defendant Twin Coach Corporation was alleged to be accountable for the negligent operation of the bus on the following theories set forth by appropriate allegations in each count, that is to say: (1) That it negligently operated the bus which was under its control; (2) that it was the owner of the bus, a dangerous instrumentality, which was being operated negligently, with its knowledge and consent, for which operation said Twin Coach Corporation, as owner of the bus, expected to receive certain benefits; (3) that Twin Coach Corporation, as owner of the bus, knowingly permitted the city of Coral Gables, for its benefit, to use and operate the bus on the highways of the state of Florida, under an Ohio license issued to and held by the Twin Coach Corporation, for which use and operation said Twin Coach Corporation expected to receive benefits from the city of Coral Gables through an arrangement by which the bus was to be operated by the city on the highways of Florida under the Ohio dealer's license of the Twin Coach Corporation for the benefit of Twin Coach Corporation.

At the trial it was established that the bus which collided with the Lincoln sedan was owned by the Twin Coach Corporation, and that it was being operated for hire by the city of Coral Gables under an agreement so providing, that had been entered into between the city and the owner corporation. It was further shown that the Lincoln sedan which collided with the bus was at the time thereof owned and operated by the University of Miami, a Florida corporation, and that such operation was on the business of the University.

There is ample evidence to support a finding of gross negligence by the driver of the bus and the driver of the automobile which collided with it. The owner of the bus, and the city operator of it, were both liable for negligence in its operation on the streets of the city, because it was shown that the operation of the bus by the city was under an agreement that it should be so operated, which agreement was for the benefit of the owner, Twin Coach Corporation. The owner of the automobile which collided with the bus was liable for negligence in its operation because it was shown that the Lincoln sedan approached the intersection where the collision occurred, at a high rate of speed, with brakes that were old and not sufficient to stop the car within a reasonable distance after they were applied; also, because the driver of the Lincoln failed to keep a proper...

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6 cases
  • Chuck v. City of Homestead Police Dept.
    • United States
    • Florida District Court of Appeals
    • December 15, 2004
    ...Gonzalez not to be credible, the court was privileged to rule against him on his claim of ownership as well. See City of Coral Gables v. Blount, 116 Fla. 356, 156 So. 244 (1934); Anthony v. Douglas, 201 So.2d 917 (Fla. 4th DCA 1967); Kline v. Belco, Ltd., 480 So.2d 126 (Fla. 3d DCA 1985); B......
  • Gonzalez v. City of Homestead
    • United States
    • Florida District Court of Appeals
    • September 18, 2002
    ...Gonzalez not to be credible, the court was privileged to rule against him on his claim of ownership as well. See City of Coral Gables v. Blount, 116 Fla. 356, 156 So. 244 (1934); Anthony v. Douglas, 201 So.2d 917 (Fla. 4th DCA 1967); Kline v. Belco, Ltd., 480 So.2d 126 (Fla. 3d DCA 1985); B......
  • Anthony v. Douglas
    • United States
    • Florida District Court of Appeals
    • August 18, 1967
    ...falsely as to any material matter, to disregard his entire testimony. This form has been rejected in Florida. City of Coral Gables v. Blount, 1934, 116 Fla. 356, 156 So. 244 aff'd on reh., 1934, 116 Fla. 361, 157 So. 925) (cert. denied Twin Coach Corp. v. Blount, 1935, 294 U.S. 721, 55 S.Ct......
  • Becker v. Blum
    • United States
    • Florida Supreme Court
    • February 27, 1940
    ... ... a material difference between the factual situation of ... City of Coral Gables et al. v. Blount, 116 Fla. 356, ... 156 So. 244, 157 So ... ...
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