Dawes v. Robinson

CourtUnited States State Supreme Court of Florida
Writing for the Court[91 Fla. 100] TERRELL, J.
Citation91 Fla. 99,107 So. 340
Decision Date23 January 1926
PartiesDAWES et al. v. ROBINSON.

107 So. 340

91 Fla. 99

DAWES et al.
v.
ROBINSON.

Florida Supreme Court, Division B.

January 23, 1926


Error to Circuit Court, Hillsborough County; L. L. Parks, Judge.

Action by T. G. Robinson against H. L. Dawes and another. Judgment for plaintiff, and defendants bring error. Summons and severance was granted on appeal, and case is considered with defendant Dawes as sole plaintiff in error.

Reversed.

(Syllabus by the Court.)

COUNSEL [107 So. 340]

[91 Fla. 99] Sparkman & Knight, of Tampa, for plaintiffs in error.

Edwin H. Cassels, of Plant City, and R. E. L. Chancey, of Tampa, for defendant in error.

OPINION

[91 Fla. 100] TERRELL, J.

On or about the 24th day of January, 1922, T. G. Robinson, the defendant in error, was run over by a Packard automobile on the public highway near Plant City, Fla. As a result of the accident, he was badly bruised, received a severe cut on the head and neck, and his Ford car in which he was riding, was demolished. He brought action against R. F. Griggs, Roscoe Beech, and H. L. Dawes, alleging damages in the sum of $2,500.

The first count of the declaration, which is the only one with which we are concerned here, in substance, alleges that the Packard car in question was at the time owned by Roscoe Beech, and was hired to and under the immediate control of H. L. Dawes, who was being driven from Tampa to Plant City, Fla., by R. F. Griggs as chauffeur, who was the agent of both Beech and Dawes, and, being then and thereby duly bound to have complete control of said Packard automobile as such chauffeur, did recklessly, negligently, and carelessly allow and cause said automobile to collide with the automobile then in posession of the plaintiff, and thereby did damage, injure, and disfigure the plaintiff, and cause him, without any fault on his part, to pay out large sums for physician's hire and to lose 2 1/2 weeks from his work as vegetable [107 So. 341] broker, at a loss to him of $312.50, besides causing him great mental anguish, physical suffering, and disfiguring him for life, cutting a deep cut on the back of his neck, which had left an ugly and permanent scar on him, the said plaintiff.

To this declaration Dawes entered a plea of the general issue, and a second plea to the effect that defendant Dawes was riding in the automobile which collided with the plaintiff Robinson as a passenger for hire, and that the injuries alleged to have been sustained by the plaintiff were not [91...

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3 practice notes
  • Phillips v. Lowenstein
    • United States
    • United States State Supreme Court of Florida
    • January 23, 1926
    ...another who took possession under a later and similarly ineffectual purported deed of conveyance of the property from the same owner. [91 Fla. 99] Rehearing denied. WHITFIELD, P.J., and TERRELL and BUFORD, JJ., concur. BROWN, C.J., and ELLIS and STRUM, JJ., concur in the opinion. ...
  • A. & N. CLUB v. Great American Insurance Company, No. 18190.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • December 5, 1968
    ...of plaintiff's case is deemed to have waived his motion * * *." 6551 Collins Ave. Corp. v. Miller, supra at 338. Dawes et al. v. Robinson, 91 Fla. 99, 107 So. 340 (1926), cited within the Collins Avenue opinion, is at variance with the Plaintiff's position. The holding there was that the de......
  • 6551 Collins Ave. Corp. v. Millen
    • United States
    • United States State Supreme Court of Florida
    • July 11, 1958
    ...case and not renewed at the close of all the evidence, it is in conflict with the expression of this court in Dawes v. Robinson, 1926, 91 Fla. 99, 107 So. 340, although this court was there concerned with an assignment of error directed to the denial of a motion for new trial made on the gr......
3 cases
  • Phillips v. Lowenstein
    • United States
    • United States State Supreme Court of Florida
    • January 23, 1926
    ...another who took possession under a later and similarly ineffectual purported deed of conveyance of the property from the same owner. [91 Fla. 99] Rehearing denied. WHITFIELD, P.J., and TERRELL and BUFORD, JJ., concur. BROWN, C.J., and ELLIS and STRUM, JJ., concur in the opinion. ...
  • A. & N. CLUB v. Great American Insurance Company, No. 18190.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • December 5, 1968
    ...of plaintiff's case is deemed to have waived his motion * * *." 6551 Collins Ave. Corp. v. Miller, supra at 338. Dawes et al. v. Robinson, 91 Fla. 99, 107 So. 340 (1926), cited within the Collins Avenue opinion, is at variance with the Plaintiff's position. The holding there was that the de......
  • 6551 Collins Ave. Corp. v. Millen
    • United States
    • United States State Supreme Court of Florida
    • July 11, 1958
    ...case and not renewed at the close of all the evidence, it is in conflict with the expression of this court in Dawes v. Robinson, 1926, 91 Fla. 99, 107 So. 340, although this court was there concerned with an assignment of error directed to the denial of a motion for new trial made on the gr......

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