145 So. 2d 551 | Fla. Dist. Ct. App. | 1962
Appellee, plaintiff below, while standing near a lunch truck in. a street end or extension located in a harbor dock area, was struck and injured by a small motor operated vehicle referred to as a “tow-motor.” The vehicle was owned by the corporate defendant and operated by the individual defendant with the former’s knowledge and consent. A jury trial resulted in a verdict and judgment for plain
On the evidence, the jury was entitled to find that the injury occurred on a public street or highway maintained by the city for vehicular and pedestrian trafile,
The request for a recess or delay in the course of the trial because of the non-appearance of the doctor witness, who previously had been subpoenaed and informed of the time of trial, was a matter which rested in the sound discretion of the trial judge. The facts in the instant case differ from those in the case relied on by appellant,
Affirmed.
. For statements and discussion of the doctrine see Anderson v. Southern Cotton Oil Co., 73 Fla. 432, 74 So. 075, L.R.A.1917E, 715; Lynch v. Walker, 159 Fla. 188, 31 So.2d 268.
. As to what constitutes a public street, see Burns v. McDaniel, 104 Fla. 526, 140 So. 314, 316; 16 Fla.Jur., Highways, Streets and Bridges, § 2. See also, Singleton v. City of Jacksonville, Fla.App.1958, 107 So.2d 47, 49.
. See sections 320.01(1), (11), 320.02, Fla.Stat., F.S.A.
. Herbert v. Garner, Fla.1955, 78 So.2d 727.