JOHN ALBERT BRAXTON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JOHN ALBERT BRAXTON, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
215 So. 2d 74
Florida District Court of Appeal, Third District (1968)
Positive Treatment
Cited by 9 cases
Opinion of the Court
The defendant, Braxton, appeals from his convictions on two counts of “assault to commit murder in the second degree with firearm”. On appeal he challenges the sufficiency of the evidence upon which he was convicted under each count.
We have examined his contentions in the light of the evidence in the record and the controlling principles of law and have con-eluded that they are without merit. Luke v. State, Fla.App.1967, 204 So.2d 359; Perry v. State, Fla.App.1965, 177 So.2d 892; Bass v. State, Fla.App.1965, 172 So.2d 614; and Crum v. State, Fla.App.1965, 172 So.2d 24.
Affirmed.
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Castillo v. Bickley, 363 So. 2d 792 (Fla. 1978)…the principle of respondeat superior and the Dangerous Instrumentality Doctrine are two separate bases of vicarious liability in tort. Susco Car Rental; Nichols v. McGraw, 152 So. 2d 486 (Fla. 1st DCA 1963); Ivey v. [*794] National Fisheries, Inc., 215 So. 2d 74 (Fla. 3d DCA 1968). Confusion of these two separate theories has led to some inconsistent results such as the strict application in the case at bar of an independent contractor exception to the Dangerous Instrumentality Doctrine so as to deny protec…
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Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Crum v. State, 172 So. 2d 24 (Fla. 3d DCA 1965)
- Bass v. State, 172 So. 2d 614 (Fla. 2d DCA 1965)
- Luke v. State, 204 So. 2d 359 (Fla. 4th DCA 1967)
- Glenwood Frederick Perry v. State, 177 So. 2d 892 (Fla. 3d DCA 1965)