ARTHUR LIPSEY
v.
STATE OF FLORIDA
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The evidence presented is sufficient to sustain the jury's verdict of manslaughter.
Appellant was convicted of manslaughter after his truck collided with an oncoming truck in dense fog, killing five people. Appellant's truck was on th…
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Appellant was convicted of manslaughter.
The only question presented here is whether the evidence is sufficient to sustain the verdict.
The evidence which the jury evidently believed, disclosed that appellant was driving a truck on a public highway in Bradford County; that when this tragedy occurred it was at an early hour of the morning; that it was still dark and a dense fog had settled on the road rendering visibility so difficult that he could see only about thirty feet within the range of his lights. The speed of appellant’s truck was about twenty-five to thirty miles per hour. Appellant’s truck collided with an oncoming truck in which one Shaller was riding. Appellant’s truck was on the left side of the highway and traveled a distance of about one hundred feet before coming to a stop. Appellant’s truck was badly wrecked and Shaller and four other persons were killed in the collision.
The law requires that a motor vehicle shall be operated at an appropriate rate of speed and with due regard for the existing weather conditions or other hazards confronting the driver. See Sec. 317.22, F.S. ’41, F.S.A. Negligence is a relative term and whether the appellant was giulty of culpable negligence was a question for the jury.
Our conclusion is the evidence is sufficient to sustain the verdict. See Franklin v. State, 120 Fla. 686, 163 So. 55; Williams v. State, 147 Fla. 91, 2 So. (2nd) 301; People v. Emmons, (Calif.) 299 p. 541.
The judgment is affirmed.
BUFORD, C. J., TERRELL and CHAPMAN, JJ., concur.
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Miller v. State, 75 So. 2d 312 (Fla. 1954)…endant was on the wrong side of the road, there were circumstances different and in addition to those here, which indicated a rashness, of action on the part of the defendant .not shown by the evidence in this record. For example in Lipsey v. State, 154 Fla. 32, 16 So. 2d 439, there was darkness and dense fog and the defendant could see only 30 feet ahead yet he drove to the left of the highway and struck deceased’s oncoming truck and then traveled 100 feet before coming to a stop, wrecking the truck and k…
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Smith v. State, 65 So. 2d 303 (Fla. 1953)…child.” We do not have in this case any of the “other hazards” or “circumstances” mentioned by Mr. Justice Roberts in Preston v. State, supra. There was no question of fog or driving on the wrong side of the road as was present in Lipsey v. State, 154 Fla. 32, 16 So. 2d 439; or excessive speed on a curve tinder an overpass and on the wrong side of the road'as in Taylor v. State, Fla., 46 So. 2d 725. The record is utterly devoid of that degree of negligéhce so ably defined in Cannon v. State, supra. 'Nor…
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Doyle Lewis Flint v. State, 117 So. 2d 552 (Fla. 2d DCA 1960)…efendant was on the wrong side of the road, there were circumstances different and in addition to those here, which indicated a rashness of action on the part of the defendant not shown by the evidence in this record. For example in Lipsey v. State, 154 Fla. 32, 16 So. 2d 439, there was darkness and dense fog and the defendant could see only 30 feet ahead yet he drove to the left of the highway and struck deceased’s oncoming truck and then traveled 100 feet before coming to a stop, wrecking the truck and k…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Franklin v. State, 120 Fla. 686 (Fla. 1935)
- Emerson J. Williams v. State, 147 Fla. 91 (Fla. 1941)