JOE HART, APPELLANT,
v.
ROY F. FRANCE, SR., TRADING AND DOING BUSINESS AS ROY F. FRANCE, AND SON, APPELLEE

Fla. 3d DCA | 1963-10-08
No. 63-109
Before HORTON, TILLMAN PEARSON, and HENDRY, JJ.
156 So. 2d 775 Florida District Court of Appeal, Third District (1963) Caution
Cited by 22 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The defendant to an action for services rendered has appealed a final judgment for the plaintiff based on a jury verdict. Appellant’s main argument is that the evidence does not support the verdict. We have reviewed the evidence, together with the various rulings of the court assigned as error, and we hold that the judgment must be affirmed upon the rule stated in Western Union Tel. Co. v. Thomas, 139 Fla. 474, 190 So. 878.

Affirmed.

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  • The HERTZ Corp. v. Jackson, 617 So. 2d 1051 (Fla. 1993)
    …een obtained without the owner’s consent. Commercial Carrier Corp. v. S.J.G. Corp., 409 So. 2d 50 (Fla. 2d DCA 1981), review denied, 417 So. 2d 328 (Fla.1982); Martinez v. Hart, 270 So. 2d 438 (Fla. 3d DCA 1972); Keller v. Florida Power & Light Co., 156 So. 2d 775 (Fla. 3d DCA 1963). This is true even if the vehicle is left unattended and unlocked, with the keys in the ignition. Commercial Carrier. We do not believe, however, that the vicarious liability of an owner under the dangerous instrumentality doctrin…
  • Elmore Ivey v. Nat'l Fisheries, Inc., 215 So. 2d 74 (Fla. 3d DCA 1968)
    …y to the immediate business premises and the tort occurred outside this boundary. Therefore, that fact served to preclude the employer’s liability. Sykes v. Babijuice Corp., Fla.1953, 63 So. 2d 65; Keller v. Florida Power & Light Co., Fla. App.1963, 156 So. 2d 775. But, once it has been established that the employee has the employer’s authorization to use the auto, the policy of the law has favored the imposition of liability upon the employer. Jacksonville Paper Co. v. Carlile, 153 Fla. 661, 15 So. 2d 443,…
  • Inez Davis v. Major OIL Co., 164 So. 2d 558 (Fla. 3d DCA 1964)
    …., Appeals, §§ 287, 290. In reviewing the remaining contention in a light most favorable to the appellant, as we must do on appeal [See: Pritchard v. Peppercorn, Inc., Fla.1957, 96 So. 2d 769; Keller v. Florida Power & Light Company, Fla.App.1963, 156 So. 2d 775], we fail to find wherein the trial court erred. The record on appeal clearly shows there was no negligence on the part of the appellee in hiring Robert Demps, as the record affirmatively shows that prior to the criminal act [resulting in the instan…

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