Radiant Oil Co. v. Herring, (1941)
Court: Supreme Court of Florida
Number:
Visitors: 16
Judges: TERRELL, J.
Attorneys: Ernest, Lewis Smith, for Plaintiff in Error;
Blackwell Donnell, for Defendants in Error.
Filed: Feb. 14, 1941
Latest Update: Mar. 02, 2020
Summary: Catherine Jean Herring, a child of six years old, was injured by a truck of Radiant Oil Company while playing in an alley in West Palm Beach near where the truck was servicing a fueling plant for a bakery. She brought a common law action for damages and recovered a verdict for one thousand dollars. Her father, Gene Herring, brought a common law action against the same defendant to recover for loss of services of his child and for medical expenses and recovered a verdict of $1,767.05, the exact a
Summary: Catherine Jean Herring, a child of six years old, was injured by a truck of Radiant Oil Company while playing in an alley in West Palm Beach near where the truck was servicing a fueling plant for a bakery. She brought a common law action for damages and recovered a verdict for one thousand dollars. Her father, Gene Herring, brought a common law action against the same defendant to recover for loss of services of his child and for medical expenses and recovered a verdict of $1,767.05, the exact am..
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I concur in the judgment of reversal because it is my opinion that the evidence is insufficient to establish any actionable negligence on the part of defendant's agent or servant.
As I read the record it shows that an unfortunate accident occurred when a little child out of the range of vision of the driver of an automobile truck moved voluntarily from a place of safety to a place of danger in front of the rear wheels of the truck just as the driver, using all reasonable care, put the truck slowly in forward motion in a lawful and careful manner.
ADAMS, J., concurs.
Source: CourtListener
