King v. Weis-patterson Lumber Co.

CourtUnited States State Supreme Court of Florida
Writing for the CourtDAVIS, Justice.
Citation168 So. 858,124 Fla. 272
PartiesKING v. WEIS-PATTERSON LUMBER CO.
Decision Date14 May 1936

168 So. 858

124 Fla. 272

KING
v.
WEIS-PATTERSON LUMBER CO.

Florida Supreme Court

May 14, 1936


Rehearing Denied June 29, 1936.

Error to Circuit Court, Escambia County; L. L. Fabisinski, Judge.

Action by John King, an insane person, by his guardian, Addie Wilson King, against the Weis-Patterson Lumber Company. To review a judgment on a directed verdict for defendant, plaintiff brings error.

Reversed for a new trial.

COUNSEL [168 So. 859]

[124 Fla. 272] Forsyth Care and Churchill Mellen, both of Pensacola, for plaintiff in error.

Watson & Pasco & Brown, of Pensacola, for defendant in error.

OPINION

DAVIS, Justice.

This suit was disposed of in the circuit court [124 Fla. 273] on a directed verdict for the defendant. Upon writ of error to the resultant judgment, the contention here is that there was evidence adduced at the trial sufficient to take the case to the jury. The cause of action sued on in a six-count declaration was generally alleged negligence on the part of the defendant sawmill company in permitting to accumulate on its millyard and in its sheds, and under and near its tramway, particularly in a shed known as its No. 1 shed, a large quantity of inflammable trash which, as a proximate result of defendant's negligence, became ignited and caused the fire to spread from defendant's property to the plaintiff's property, thereby damaging and destroying the same.

In directing a verdict the court is governed by practically the same rules that are applicable to demurrers to the evidence. The party moving for a directed verdict not only admits the facts in evidence, but every conclusion favorable to the adverse party which a jury might reasonably infer. Anderson v. Southern Cotton Oil Co., 73 Fla. 432, 74 So. 975, L.R.A.1917E, 715; Wolfe v. City of Miami, 103 Fla. 774, 134 So. 539, 137 So. 892; Alley Co. v. Ball, 102 Fla. 1034, 136 So. 704; Gunn v. Jacksonville, 67 Fla. 40, 64 So. 435, and similar cases; Section 4363, C.G.L.; section 2696, R.G.S., as amended.

Where circumstantial evidence is relied on in a civil case to prove an essential fact or circumstance essential to recovery, the rule is that the particular inference of the existence of the fact relied on as arising from the circumstances established by the evidence adduced, shall outweigh all contrary inferences to such extent as to amount to a preponderance of all of the reasonable inferences that might be drawn from the same circumstances. This is a...

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26 practice notes
  • Diecidue v. State, No. 30913
    • United States
    • United States State Supreme Court of Florida
    • 24 Mayo 1961
    ...a preponderance of all of the reasonable inferences that might be drawn from the same circumstances'. King v. Weis-Patterson Lumber Co., 124 Fla. 272, 168 So. 858, 859; Voelker v. Page 15 Combined Insurance Company of America, Fla., 73 So.2d 403. The circumstantial evidence in this criminal......
  • Powell v. Jackson Grain Co.
    • United States
    • United States State Supreme Court of Florida
    • 24 Octubre 1938
    ...been submitted upon [184 So. 495] which the jury could legally find a verdict for the opposite party. King v. Weis-Patterson Lumber Co., 124 Fla. 272, 168 So. 858; Stevens et al. v. Tampa Elec. [134 Fla. 601] Co., 81 Fla. 512, 88 So. 303; Florida Motor Lines v. Bradley, 121 Fla. 591, 164 So......
  • Carter v. Florida Power & Light Co.
    • United States
    • United States State Supreme Court of Florida
    • 23 Mayo 1939
    ...could legally find a verdict for the opposite party. Powell v. Jackson Grain Co., Fla., 184 So. 492; King v. Weis-Patterson Lumber Co., 124 Fla. 272, 168 So. 858; Stevens v. Tampa Electric Co., 81 Fla. 512, 88 So. 303; Florida Motor Lines v. Bradley, 121 Fla. 591, 164 So. 360. [138 Fla. 224......
  • Weis-patterson Lumber Co. v. King
    • United States
    • United States State Supreme Court of Florida
    • 27 Noviembre 1937
    ...for defendant in error. OPINION BUFORD, Justice. This is the second appearance of this case here. See King v. Weis-Patterson Lumber Co., 124 Fla. 272, 168 So. 858. The writ of error now brings for review a judgment in favor of the defendant in error based upon verdict rendered on the fourth......
  • Request a trial to view additional results
26 cases
  • Diecidue v. State, No. 30913
    • United States
    • United States State Supreme Court of Florida
    • 24 Mayo 1961
    ...a preponderance of all of the reasonable inferences that might be drawn from the same circumstances'. King v. Weis-Patterson Lumber Co., 124 Fla. 272, 168 So. 858, 859; Voelker v. Page 15 Combined Insurance Company of America, Fla., 73 So.2d 403. The circumstantial evidence in this criminal......
  • Powell v. Jackson Grain Co.
    • United States
    • United States State Supreme Court of Florida
    • 24 Octubre 1938
    ...been submitted upon [184 So. 495] which the jury could legally find a verdict for the opposite party. King v. Weis-Patterson Lumber Co., 124 Fla. 272, 168 So. 858; Stevens et al. v. Tampa Elec. [134 Fla. 601] Co., 81 Fla. 512, 88 So. 303; Florida Motor Lines v. Bradley, 121 Fla. 591, 164 So......
  • Carter v. Florida Power & Light Co.
    • United States
    • United States State Supreme Court of Florida
    • 23 Mayo 1939
    ...could legally find a verdict for the opposite party. Powell v. Jackson Grain Co., Fla., 184 So. 492; King v. Weis-Patterson Lumber Co., 124 Fla. 272, 168 So. 858; Stevens v. Tampa Electric Co., 81 Fla. 512, 88 So. 303; Florida Motor Lines v. Bradley, 121 Fla. 591, 164 So. 360. [138 Fla. 224......
  • Weis-patterson Lumber Co. v. King
    • United States
    • United States State Supreme Court of Florida
    • 27 Noviembre 1937
    ...for defendant in error. OPINION BUFORD, Justice. This is the second appearance of this case here. See King v. Weis-Patterson Lumber Co., 124 Fla. 272, 168 So. 858. The writ of error now brings for review a judgment in favor of the defendant in error based upon verdict rendered on the fourth......
  • Request a trial to view additional results

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