Florida District Courts of Appeal, 1969

Akers Motor Lines, Inc. v. Peaslee Metal Products, Inc.

Akers Motor Lines, Inc. v. Peaslee Metal Products, Inc.
Florida District Courts of Appeal · Decided January 31, 1969 · Liles, Mann, Pierce
218 So. 2d 498; 1969 Fla. App. LEXIS 6282 (Southern Reporter, Second Series)

Akers Motor Lines, Inc. v. Peaslee Metal Products, Inc.

Opinion of the Court

MANN, Judge.

Peaslee sued Akers for damage caused to an expensive machine shipped from Connecticut to Florida. The trial judge resolved the conflicting testimony in finding that Peaslee’s agent had loaded the equipment into Akers’ trailer, but that it was loaded in a way likely to result in damage and that the improper loading was or should have been known to Akers prior to the placement of its seal on the trailer and haulage southward. A proper restraint in the appellate judiciary compels us to accept the factual findings, adequately supported by the record, as the trial judge *499made them, and the law he applied is ■unexceptionable. See United States v. Savage Truck Line, Inc., 209 F.2d 442, 44 A.L.R.2d 984 (4th Cir. 1953), cert. den. 347 U.S. 952, 74 S.Ct. 677, 98 L.Ed 1098 (1954), 44 A.L.R.2d 984, and the annotation at 44 A.L.R.2d 993.

Affirmed.

LILES, C. J., and PIERCE, J., concur.

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