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City of Coral Gables v. Blount, (1934)

Court: Supreme Court of Florida Number:  Visitors: 15
Judges: PER CURIAM. —
Attorneys: Blackwell Gray, Morton B. Adams and Charles A. Morehead, for Plaintiffs in Error; John M. Murrell, Marshall F. Sanders and A. Patrick Cannon, for Defendant in Error.
Filed: Jul. 30, 1934
Latest Update: Mar. 02, 2020
Summary: W. W. Blount brought this action against the three plaintiffs in error, City of Coral Gables, Twin Coach Corporation, and University of Miami, to recover for personal injuries received in an automobile collision. A verdict for the plaintiff awarded $25,000.00 in damages. Thereafter a remittitur of $10,000.00 was entered and judgment against the three defendants rendered in the sum of $15,000.00 damages. Each of the defendants below has taken writ of error. The declaration was in two counts. Both
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As I understand the evidence in this case, the City of Coral Gables was the real and beneficial owner of the bus at the time of the collision, under a parol contract of purchase subsequently ratified and completed and that the evidence was not sufficient to justify the finding that the Twin Coach Corporation was the absolute owner so as to make it liable for negligence of the agent of the City who was operating the bus under authority from the City — not from the Twin Coach Corporation. I think the Coach Corporation's motion for directed verdict, or at least its motion for new trial, should have been granted.

ON REHEARING.

Source:  CourtListener

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