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Hayes v. Williams

District Court of Appeal of Florida, First District
Sep 5, 1972
271 So. 2d 200 (Fla. Dist. Ct. App. 1972)

Opinion

No. R-213.

September 5, 1972.

Appeal from the Circuit Court, Escambia County, William Frye, III, J.

James E. Hertz, of Fisher, Hertz Bell, Pensacola, for appellants.

Roderic G. Magie, of Levin, Warfield, Graff, Mabie Rosenbloum, Pensacola, for appellees.

Joseph Q. Tarbuck, Pensacola, for intervenor.


Appellant, Veterans Gas Company, seeks reversal of a final judgment, entered pursuant to a jury verdict, awarding the appellees and the intervenor a total sum of $12,000.00 as a result of a gas explosion occurring in the home occupied by appellees.

In our review of the issues presented for decision, we have given due consideration to the applicable principle that a judgment of the trial court reaches the appellate court clothed with a presumption of correctness. The facts herein constituted a jury question and were resolved by the jury adversely to the appellant. The record reveals that although the testimony is conflicting, there is substantial evidence to support the jury's verdict. It is not this Court's province to substitute its judgment for that of the trier of facts. Accordingly, the judgment appealed herein is affirmed.

SPECTOR, C.J., and WIGGINTON and JOHNSON, JJ., concur.


Summaries of

Hayes v. Williams

District Court of Appeal of Florida, First District
Sep 5, 1972
271 So. 2d 200 (Fla. Dist. Ct. App. 1972)
Case details for

Hayes v. Williams

Case Details

Full title:CLAUDIE HAYES AND VETERANS GAS COMPANY, APPELLANTS, v. BARBARA J. WILLIAMS…

Court:District Court of Appeal of Florida, First District

Date published: Sep 5, 1972

Citations

271 So. 2d 200 (Fla. Dist. Ct. App. 1972)

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