State v. Baldwin, (1947)
Court: Supreme Court of Florida
Number:
Visitors: 7
Judges: BUFORD, J.:
Attorneys: C. J. Hardee, Sam Bucklew, Hardee Bucklew, Dan Chappell and Chappell Brown, for relator.
Parker, Foster Wigginton, for respondents.
Filed: May 06, 1947
Latest Update: Mar. 02, 2020
Summary: An alternative writ of mandamus was issued herein to which respondents filed a return and thereupon relator moved for a peremptory writ notwithstanding respondent's return. Relator appears to have been a trainer of race horses and had been licensed as such by the respondent but by reason of benzedrine having been found in the urine of a horse named James Acker immediately after a race the respondent commission suspended the license of relator as a trainer at all race tracks in this state for a p
Summary: An alternative writ of mandamus was issued herein to which respondents filed a return and thereupon relator moved for a peremptory writ notwithstanding respondent's return. Relator appears to have been a trainer of race horses and had been licensed as such by the respondent but by reason of benzedrine having been found in the urine of a horse named James Acker immediately after a race the respondent commission suspended the license of relator as a trainer at all race tracks in this state for a pe..
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I dissent because to uphold the rule to make the trainer the absolute insurer of the horse under penalty of loss of valuable property rights is void. The word absolute precludes evidence to establish the contrary. The construction in any other way by the board is only grace.
Source: CourtListener
