CLEVELAND MYERS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE; VALENTINO F. JAMES AND GEORGE POWELL, APPELLANTS, V. STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1969-07-17
Nos. L-79, L-80
JOHNSON, C. J., and WIGGINTON and SPECTOR, JJ., concur.
224 So. 2d 730 Florida District Court of Appeal, First District (1969) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause having been orally argued before the court, the briefs and record on appeal having been read and given full consideration, and appellants having failed to demonstrate reversible error, the judgments of the lower court hereby appealed are affirmed.

JOHNSON, C. J., and WIGGINTON and SPECTOR, JJ., concur.


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  • Foster v. LEE, 226 So. 2d 282 (Fla. 2d DCA 1969)
    …, 194 So. 353. The increase in motor vehicle accidents noted in Crenshaw has tended to accelerate in the years since that opinion was written, but we are shown no statistics relating to trailers. . See, also, our recent decision in Powell v. Henry, 224 So. 2d 730, Opinion filed July 2, 1969. . See Magarian v. Southern Fruit Distributors (1941) 146 Fla. 773, 1 So. 2d 858, citing Restatement of the Law, Agency, § 220, re: factors to be considered in determining a master-servant relationship as distinguished f…
  • Edwards v. ABC Transp. Co., 616 So. 2d 142 (Fla. 5th DCA 1993)
    …Garcia v. Mid-Florida Hauling, Inc., 350 So. 2d 1141 (Fla. 1st DCA 1977) (trailer is not a dangerous instrumentality); Foster v. Lee, 226 So. 2d 282 (Fla. 2d DCA 1969) (trailer is not a dangerous instrumentality as a matter of law); Powell v. Henry, 224 So. 2d 730 (Fla. 2d DCA 1969) (trailer is not a motor vehicle and is therefore not a dangerous instrumentality). The Foster court perhaps best explained the rationale underlying the foregoing cases: ... The dangerous tendencies of motorized vehicles in ordin…
  • Pullman, Inc. v. Johnson, 543 So. 2d 231 (Fla. 4th DCA 1987)
    …441, 86 So. 629 (1920). See U-Haul Co. v. Liberty Mutual Insurance Co., 445 So. 2d 1082 (Fla. 4th DCA 1984); Garcia v. Mid-Florida Hauling, Inc., 350 So. 2d 1141 (Fla. 1st DCA 1977); Foster v. Lee, 226 So. 2d 282 (Fla. 2d DCA 1969); Powell v. Henry, 224 So. 2d 730 (Fla. 2d DCA 1969), cert. dismissed, 231 So. 2d 518 (Fla.1970). See also Meister v. Fisher, 462 So. 2d 1071 (Fla.1984) (a golf cart is clearly a motorized vehicle, and qualifies as a dangerous instrumental! [*232] ty). Therefore, as to the appellant…

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