Hicks v. Land, B-98

• Decision Date: 05 January 1960
• Docket Number: No. B-98,B-98
• Parties: Gladys HICKS, a widow, Appellant, v. W. W. LAND, Appellee.
• Court: Florida District Court of Appeals

Page 11

117 So.2d 11

Gladys HICKS, a widow, Appellant, v. W. W. LAND, Appellee.

No. B-98.

District Court of Appeal of Florida, First District.

Jan. 5, 1960.

Rehearing Denied Jan. 25, 1960.

J. B. Hodges, Lake City, for appellant.

W. Brantley Brannon, Lake City, for appellee.

WIGGINTON, Chief Judge.

This appeal is from a final judgment entered pursuant to a directed verdict in favor of appellee, who was defendant in the cause. It is contended that the trial court committed error in refusing to admit in evidence a conditional sales contract showing title to the truck in question to be in defendant, and in directing a verdict in favor of defendant when the evidence was in conflict on the issue of whether defendant was the owner of the truck at the time of the accident which resulted in the death of plaintiff's decedent.

The evidence reveals without dispute that defendant Land is a pulpwood broker who purchases and ships pulpwood to St. Mary Kraft Corporation. St. Mary purchased and sold to Land under a conditional sales contract a new truck equipped for use in the pulpwood business. Title to the truck was registered in Land's name, who immediately delivered the truck to one Worth Hull, a pulpwood producer who cut and delivered wood to Land for shipment to St. Mary. It was agreed between Land and Hull that the purchase price for the truck of $2,400 would be paid by Hull in fifty-two equal payments, the amount of which would be deducted weekly by Land from the amount earned by Hull for the wood he cut and delivered for Land's account. It was further agreed that upon payment of the full purchase price, title to the truck would be transferred to Hull.

Under the foregoing arrangements the truck was delivered to Hull in the latter part of September or early October 1955, and used daily by Hull and his employees, including plaintiff's decedent, until the time of the fatal accident which occurred in June, 1956. During this interval, the weekly payments on the purchase price of the truck were deducted by Land from the amounts earned by Hull as agreed, and the truck was under the domination and control of Hull and his employees, who had complete authority of the use thereof. After the accident in which the truck was substantially destroyed, Hull completed payment of the balance due on the purchase price, and title to the truck was transferred to and duly registered in his name.

Both Hull and defendant Land were called and testified as witnesses for plaintiff. Despite the admissions of fact by Hull as outlined above, he insisted on direct examination that he was not the owner of the truck at the time of the accident, but ownership was vested in Land. Appellant relies on this testimony by Hull as constituting the conflict in the evidence relating to ownership which should have carried the case to the jury.

In the Cox Motor Company case ¹ this court held that when a motor vehicle is delivered to a purchaser who accepts delivery and makes payments on the purchase price thereof, and who has control and authority over its use, such person is the beneficial owner of the vehicle and liable in tort for damages occasioned by its negligent operation, despite the retention of legal title by the seller until such time as the purchase price is paid in full.

We are of the view that the foregoing rule controls our decision, under the uncontradicted facts in this case. Hull's statement that he was not the owner of the truck is a conclusion of law which is not only unsupported by but is...