Swilley v. Economy Cab Co. of Jacksonville

Decision Date16 November 1951
PartiesSWILLEY v. ECONOMY CAB CO. OF JACKSONVILLE.
CourtFlorida Supreme Court

Price & Stewart and Fred B. Noble, all of Jacksonville, for appellant.

Mathews & Mathews and Rogers, Towers & Bailey, all of Jacksonville, for appellee.

TERRELL, Justice.

This is a personal injury case growing out of a motor vehicle accident. The factual background is detailed in Swilley v. Economy Cab Company, Fla., 46 So.2d 173. The only question adjudicated in that case was the sufficiency of the pleadings, the merits not being before us. The mandate went down, the case went to trial on the issues made by the pleas to count two of the declaration. At the conclusion of plaintiffs testimony the court announced that he would grant defendant's motion for a directed verdict. Plaintiff took a non-suit with bill of exceptions. Judgment for costs was entered in favor of defendant and the appeal was perfected.

As analyzed by the trial court, the questions raised by the pleadings were, (1) whether or not the plaintiff was drunk and intoxicated to the point of being physically and mentally irresponsible and incapable. (2) When the cab driver accepted the plaintiff as a passenger he knew or should have known of his condition. (3) Whether or not the cab driver accepted plaintiff's services and negligently required him to remain on the highway while changing the flat tire.

The primary point with which we are confronted is whether or not the evidence adduced in support of appellant's claim of intoxication to the point of being physically and mentally incapable and irresponsible was sufficient to go to the jury.

It is too well settled for comment that it is the duty of the trial court to direct a verdict for the defendant if no evidence is submitted upon which the jury could lawfully find a verdict for the plaintiff. It is not a question of whether any evidence is submitted. There may be plenty of evidence produced. The test is whether or not it is sufficient to convince the jury of the truth of the cause of action, or whether as reasonable men they could draw any inference as to its truth or falsity. If it fails to meet this test, it should not be submitted to the jury. If the evidence as a whole is such that one of several inferences may be drawn from it, it should be submitted to the jury. If the evidence as a whole with all reasonable inferences from it does not as a matter of law tend to prove the cause of action alleged, a verdict for defendant should be directed.

Applying this test to the evidence here, can it be said that a jury of reasonable men could infer that the plaintiff was intoxicated to the extent of being physically and mentally irresponsible and incapable? The witnesses who testified on this point were the plaintiff, his wife, Mr. Hunt, a neighbor, and the cab driver. The cab driver smelled whiskey on plaintiff when he got in the cab, but thought he acted normally and did not think he was drunk. The neighbor who lived...

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25 cases
  • Traurig v. Spear
    • United States
    • Florida District Court of Appeals
    • April 8, 1958
    ...evidence submitted falls short of that minimum upon which the jury could lawfully find a verdict for plaintiff. Swilley v. Economy Cab Co. of Jacksonville, Fla.1951, 56 So.2d 914. In order to comply with the latter rule, the trial court must place its own evaluation upon the evidence to det......
  • City of Miami v. Nelson, 65-513.
    • United States
    • Florida District Court of Appeals
    • June 7, 1966
    ...McAllister v. Miami Daily News, 1944, 154 Fla. 370, 17 So.2d 613; Golden v. Morris, Fla. 1951, 55 So.2d 714; Swilley v. Economy Cab Co. of Jacksonville, Fla. 1951, 56 So.2d 914; Manganelli v. Covington, Fla. App. 1959, 114 So.2d 320; § 54.17, Fla. Stat., F.S.A. This matter is returned to th......
  • Ball v. Inland Mut. Ins. Co., 59-51
    • United States
    • Florida District Court of Appeals
    • June 2, 1960
    ...the defendant if, from the evidence submitted, a jury could not lawfully find a verdict for the plaintiff. See Swilley v. Economy Cab Co. of Jacksonville, Fla. 1951, 56 So.2d 914; Gilmer v. Rubin, Fla.App.1958, 98 So.2d 367; Traurig v. Spear, Fla.App.1958, 102 So.2d 165; Manganelli v. Covin......
  • Florida Power & Light Co. v. Bell
    • United States
    • Florida Supreme Court
    • July 23, 1959
    ...691; Tucker Brothers, Inc. v. Menard, Fla., 90 So.2d 908; Tatom v. Seaboard Air Line R. Co., 93 Fla. 1046, 113 So. 671; Swilley v. Economy Cab Co., Fla., 56 So.2d 914; Kraver v. Edelson, Fla., 55 So.2d 179; Reardon v. Florida West Coast Power Corp., 97 Fla. 314, 120 So. 842; Richmond v. Flo......
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