Geffrey v. Langston Const. Co.
| Decision Date | 11 March 1952 |
| Citation | 58 So.2d 698 |
| Parties | GEFFREY v. LANGSTON CONST. CO. |
| Court | Florida Supreme Court |
T. Paine Kelly, Jr., and Macfarlane, Ferguson, Allison & Kelly, all of Tampa, for appellant.
M. W. Wells and Maguire, Voorhis & Wells, all of Orlando, for appellee.
This was an action for personal injuries brought by appellant as plaintiff against appellee as defendant. The declaration alleged that the plaintiff was engaged in the business of selling plate glass, that about the first of March, 1949, it hired a crane and operator from defendant to unload a quantity of plate glass from a gondola freight car, that the crane was defective, that James L. Poole, Jr., an employee of the plaintiff, did not know of its defective condition and while in the process of lifting one of the crates of plate glass from the gondola car the crane failed because of its defective condition, causing the crate to fall on James S. Poole, Jr., inflicting mortal injuries from which he died.
There was a plea of not guilty and a spate of special pleas which denied every material allegation of the declaration. The special pleas also charged Poole with contributory negligence in operating the crane and alleged that it was a simple mechanism free from patent defects. On these issues a trial resulted in a verdict for the plaintiff. A motion for new trial was granted. This appeal is from the order granting the motion for new trial wherein the court points out that 'having determined that the motion for new trial should be granted, it is not deemed proper that any final judgment be entered in favor of plaintiff.' In this aspect the order granting the motion for new trial was in effect a final judgment.
The point for determination is whether or not the trial court committed error in granting the motion for new trial. The answer to this question requires a critical examination of the evidence.
In granting the motion for new trial, the court found in substance: (1) There is insufficient proof that the machine was defective when delivered to plaintiff. (2) The verdict was contrary to the law and the evidence. (3) Plaintiff did not prove by a preponderance of the evidence that defendant knew or by the exercise of reasonable care could have known of the defect in the machine. (4) Plaintiff did not prove by a preponderance of the evidence that the crane failed by reason of its defects.
It is quite true that as to bailed instrumentalities some courts approve a rule to the effect that a bailor may not generally be held liable for injuries suffered by the bailee or a third party on account of defects in the bailed instrument, if not in its nature dangerous, or if the defect arises after the delivery of the instrument to the bailee, or if the defect could not have been discovered by the bailor in the exercise of due care at the time the instrument was delivered. See 12 A.L.R. 774, and 131 A.L.R., page 846 for annotation and citation of authorities supporting this rule.
There are no doubt factual considerations that would compel the application of this rule but there is no basis for its application in the case at bar. In the first place, this court is committed to the doctrine that a crane in operation is inherently dangerous and may lead to mischief. Putman Lumber Company v. Berry, 146 Fla. 595, 2 So.2d 133. In the second place, by holding as he did, the trial court bypassed all reasonable deductions that may be drawn from the evidence which are particularly applicable in cases of this kind and which if not invoked would often defeat a meritorious recovery for personal injuries.
This court is committed to the rule announced in Seaver v. Stratton, 133 Fla. 183, 183 So. 335; Edwards v. Miami Shores Village, Fla., 40 So.2d 360, and similar cases to the effect that the granting of a motion for new trial is addressed to the sound judicial discretion of the trial court and will not be disturbed on appeal unless a clear abuse of discretion is shown. It is also the rule that a trial court should not set aside a verdict and grant a new trial where the only issue involved is the sufficiency and probative value of the evidence, when there is substantial, competent evidence in the record to support the verdict and the only thing that will be accomplished by a new trial will be to have another jury try the case.
Carefully inspected it will be noted that the sole ground for the order granting the new trial was the...
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