Florida Public Utilities Co. v. Wester
| Decision Date | 14 April 1942 |
| Citation | 7 So.2d 788,150 Fla. 378 |
| Parties | FLORIDA PUBLIC UTILITIES CO. v. WESTER et al. |
| Court | Florida Supreme Court |
Rehearing Denied May 11, 1942.
James H. Finch, John H. Carter, and John Carter, Jr. all of Marianna, for plaintiff in error.
Fisher & Fisher, of Pensacola, and John C. Wynn, of Tallahassee for defendants in error.
In January, 1938 the home and furnishings of Phoebe S. Wester at Marianna were destroyed by fire. They were insured to the extent of $4,500 with Concordia Fire Insurance Company and Camden Fire Insurance Company who paid the insurance. This action was brought against Florida Public Utilities Company to recover damages for the value of the property destroyed on the theory that it did not furnish water sufficient to extinguish the fire. The insurance companies were joined as parties plaintiff on the theory that by subrogation they are entitled to participate in the proceeds of the judgment for the amount paid on insurance.
A trial resulted in a verdict and judgment for $15,000 which was on April 8, 1941, reversed by this Court for a new trial on the issue of damages only because the evidence as to value of the property destroyed was indefinite and unsatisfactory. The case was retried and resulted in a judgment for $9,500. That judgment is here for review, numerous questions being urged for adjudication.
The first question is predicated on the proposition that it was incompetent for the plaintiff to join the fire insurance companies as use plaintiffs with the idea of recovering the amounts paid by them on insurance as damages.
It is sufficient answer to this question to say that while it was not treated in our former decision, it was in reality considered and adjudicated. When this Court reverses the judgment of a trial court to be tried on the sole question of damages or on any other sole issue, all other questions raised may be considered as having been adjudicated.
It is not out of place to state however that on this point, we approve the general rule that Mrs. Wester had a right to sue for herself and to include all others who had a legal or equitable right to participate in the subject matter of the litigation. If she sees fit to recognize the legal right of subrogation in her insurers, the defendants have no reason to object in the absence of a showing that they are adversely affected and there is no such showing here.
The only other question necessary to discuss is that of proof of damages. On this point, the plaintiff in error contends (1) that the evidence is not sufficient to show that any of Mrs....
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