From Casetext: Smarter Legal Research

Hyde v. Davis & Marr Supply Co.

District Court of Appeal of Florida, First District
Mar 3, 1966
183 So. 2d 700 (Fla. Dist. Ct. App. 1966)

Opinion

No. G-535.

March 3, 1966.

Appeal from the Circuit Court, Duval County, W.A. Stanly, J.

John B. Culp, Jr., Jacksonville, for appellants.

Boyd, Jencrette Leemis, Jacksonville. for appellee.


Appellant, a guest passenger in a motor vehicle driven by another, brought this action for damages sustained in a collision resulting from the alleged negligent operation of a vehicle owned by appellee and operated by one to whom it had been entrusted. Appellee interposed the defenses of general denial and contributory negligence. From a judgment for appellee entered upon the jury's verdict, this appeal is taken.

The sole point on appeal challenges the correctness of the trial court's ruling denying appellants' motion for a directed verdict on the issue of contributory negligence made after all evidence had been submitted and the case closed.

We have carefully reviewed the testimony and exhibits adduced at the trial and conclude that the question of appellants' contributory negligence arises on a state of facts from which reasonable men might draw different conclusions, and was therefore properly submitted to the jury for its decision. Appellants having failed to demonstrate reversible error, the judgment appealed is affirmed.

Smart v. Masker, (Fla.App. 1959) 113 So.2d 414; Bessett v. Hackett, (Fla. 1953) 66 So.2d 694; Budgen v. Brady, (Fla.App. 1958) 103 So.2d 672.

Affirmed.

RAWLS, C.J., and WIGGINTON and CARROLL, DONALD K., JJ., concur.


Summaries of

Hyde v. Davis & Marr Supply Co.

District Court of Appeal of Florida, First District
Mar 3, 1966
183 So. 2d 700 (Fla. Dist. Ct. App. 1966)
Case details for

Hyde v. Davis & Marr Supply Co.

Case Details

Full title:DAVID GEORGE HYDE AND LLOYD G. HYDE, APPELLANTS, v. DAVIS MARR SUPPLY…

Court:District Court of Appeal of Florida, First District

Date published: Mar 3, 1966

Citations

183 So. 2d 700 (Fla. Dist. Ct. App. 1966)

Citing Cases

1661 Corporation v. Snyder

No error was committed by the failure of the court to direct a verdict for defendant on this ground. Hyde v.…