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Ells v. Lewis

Supreme Court of Florida
May 20, 1937
174 So. 417 (Fla. 1937)

Opinion

Opinion Filed May 20, 1937.

A writ of error to the Circuit Court for Gulf County, E.C. Welch, Judge.

Marion B. Knight, W.J. Oven and W.J. Oven, Jr., for Plaintiff in Error;

H.V. McClellan, for Defendants in Error.


Ells, as receiver of the Apalachicola Northern Railroad Company, was mulched in damages for negligently communicating fire to the adjoining property of plaintiff from an engine attached to a loader or grader operated by the receiver as part of the railroad in his judicial custody.

There is substantial circumstantial evidence which, if believed by the jury, meets the test of sufficiency approved by this court in the very late case of King v. Weis-Patterson Lumber Co., 124 Fla. 272, 168 Sou. Rep. 858, wherein it was said that in civil cases an inference of an ultimate fact derived from circumstantial evidence is only required to outweigh all contrary inferences to such an extent as to amount to a preponderance of all of the reasonable inferences that could be drawn from the same circumstances to prove the existence of the primary fact in issue. Therefore the defendant's motion for a directed verdict and his motion for a new trial were not erroneously denied.

The procedural errors complained of have been considered but we perceive therein no cause for reversal on that score.

Affirmed.

ELLIS, C.J., and WHITFIELD, TERRELL and BUFORD, J.J., concur.

BROWN, J., dissents.


Summaries of

Ells v. Lewis

Supreme Court of Florida
May 20, 1937
174 So. 417 (Fla. 1937)
Case details for

Ells v. Lewis

Case Details

Full title:B.W. ELLS, Receiver for the Apalachicola Northern Railroad Company, v…

Court:Supreme Court of Florida

Date published: May 20, 1937

Citations

174 So. 417 (Fla. 1937)
174 So. 417