ALBERT ULRICH, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• S. Fla. Hosp. Corp. v. McCREA, 118 So. 2d 25 (Fla. 1960)
  …WILLIS, BEN C., Circuit Judge. This case is before us on a petition for writ of certiorari to review a decision of the District Court of Appeal, Third District, 112 So. 2d 393, on the ground that there is a direct conflict in that decision with decisions of this Court and of the Second District Court of Appeal on the same point of law. A prima facie showing was made as to such conflict and the writ was issued.1 The petit…

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• Dayton Tire & Rubber Co. v. Davis, 348 So. 2d 575 (Fla. 1st DCA 1977)
  …McKinney Supply Co. v. Orovitz, 96 So. 2d 209 (Fla.1957). The Court later held the West Coast Hospital and Roth statements were obiter dicta and, by discharging certio-rari, let stand the conflicting decision in South Florida Hosp. Corp. v. McCrea, 112 So. 2d 393 (Fla.3d DCA 1959), cert. dism., 118 So. 2d 25 (Fla.1960). Reliance on both res ipsa and specific proof of negligence has since become commonplace. National Airlines, Inc. v. Fleming, 141 So. 2d 343 (Fla.lst DCA 1962); Kulczynski v. Harrington, 207 S…
• Kulczynski v. Harrington, 207 So. 2d 505 (Fla. 3d DCA 1968)
  …c., Fla.1950, 48 So. 2d 82), and the presentation by plaintiff of specific evidence of negligence did not preclude its use. McKinney Supply Company v. Orovitz, Fla.1957, 96 So. 2d 209, 211; South Florida Hospital Corporation v. McCrea, Fla.App.1959, 112 So. 2d 393. The rejection by the trial judge of the issue of consent, and his refusal to charge thereon were proper where it was shown the driver had been given custody of the truck and was authorized by the defendant to use it, although the defendant contende…