Poole v. the Travelers Ins. Co., (1937)
Court: Supreme Court of Florida
Number:
Visitors: 23
Judges: PER CURIAM.
Attorneys: Hilburn Merryday, for Plaintiff in Error;
Marks, Marks, Holt, Gray Yates, for Defendant in Error.
Filed: Dec. 16, 1937
Latest Update: Mar. 02, 2020
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 808 Samuel E. Poole sued the Gem City Builders' Supply Company for damages for personal injuries received and for expenses consequent thereon, as a result of the careless and negligent manner in which the Gem City Builders' Supply Company, through its employee, operated one of its trucks. Plaintiff recovered judgment in the amount of $5,500.00, together with
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 808 Samuel E. Poole sued the Gem City Builders' Supply Company for damages for personal injuries received and for expenses consequent thereon, as a result of the careless and negligent manner in which the Gem City Builders' Supply Company, through its employee, operated one of its trucks. Plaintiff recovered judgment in the amount of $5,500.00, together with h..
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I concur in the conclusion reached, and in all of the opinion except the paragraph regarding the waiver of the Company on account of the knowledge of the agent that the insured could not use his trucks for hauling lumber without attaching to them semi-trailers. I do not think this knowledge would change the express contract which the insured afterward accepted, unless the insurer also knew of it. However, this point is probably immaterial in view of the construction placed by the opinion on the contract as written.
Source: CourtListener
