RALPH JOHNSON ET UX., ET AL., PETITIONERS,

v.

EDWIN L, MASON, JERRY W. CARTER, WILLIAM T. MAYO, AS COMMISSIONERS OF THE FLORIDA PUBLIC UTILITIES COMMISSION, RESPONDENTS

Citator

Cited By (22 total)

• Gulle v. Purley L. Boggs, 174 So. 2d 26 (Fla. 1965)
  …o generate jurisdictional conflict is the reliance which the Court of Appeal in the instant case placed upon its own prior decision in Vasquez v. Stark, 155 So. 2d 905. The decision in Vasquez, however, was quashed by this Court in Stark v. Vasquez, 168 So. 2d 140. In Kimenker v. Greater Miami Car Rental, Inc., 115 So. 2d 191, relied upon by the District Court, there was a total absence of any explanation of the occurrence by the driver of the approaching vehicle. This was the situation which gave birth to t…
• Gertrude Tozier v. Jarvis, 469 So. 2d 884 (Fla. 4th DCA 1985)
  …ffirmative testimony that his brakes failed. The court noted that if the defendant had not introduced competent evidence to rebut the presumption a directed verdict would have been proper. See Gulle, 174 So. 2d at 29. Similarly, in Stark v. Vasquez, 168 So. 2d 140, 142 (Fla.1964), the presumption was successfully rebutted by the defendant’s testimony that she applied the brakes in an effort to avoid the collision but was unable to ascertain why her automobile failed to stop: In the instant case, the defendan…
• Purvis v. Inter-County Tel. & Tel. Co., 173 So. 2d 679 (Fla. 1965)
  …he decision below and Vasquez v. Stark (Fla.App.3rd, 1963), 155 So. 2d 905. Inasmuch as this Court quashed the decision in Vasquez v. Stark, supra, and directed that the issue of liability therein be determined by a jury (see Stark v. Vasquez, Fla., 168 So. 2d 140), this contention concerning conflict need not be considered. We agree with petitioner that the decision sought to be reviewed conflicts in principle with Larrabee v. Capeletti, supra. In the latter case a new trial was granted only on the issue of…