Schneider v. Saxon
Cases that cite this one
4 later published cases cite this decision.
- Foy v. Fleming (Fla. Dist. Ct. App. 1964)
- Welch v. Moothart (Fla. 1956)
- Faircloth v. Hill (Fla. 1956)
- Clements ex rel. Clements v. Deeb (Fla. 1956)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Plaintiff instituted this suit -.against defendant to recover damages for personal injuries under the guest statute, Chapter-320.59,: F.S.A. A motion to dismiss the amended 'complaint was granted -on the theory-that it showed a mere errdf of judgment on the -part of 'defendant, whose guest the plaintiff-was and that gross negligence-was not shown. Final judgment was entered for defendant and the plaintiff1 appealed.
The only point for determination- is whether or not the complaint stated a cause of action under the guest statute.
■A majority -of the 'court have-- reached the -conclusion that this question requires an- affirmative" answer and' being so, the judgment appealed -from should he reversed on authority- of Dexter v. Green, Fla.1951, 55 So.2d 548, and Bridges v. Speer, Fla., 79 So.2d 679, decided. May 13, 19-55, headnotes 5, 6 and 7. It should not'he overlooked'-that'gro'ss-negligence in such cases is question for-the-jury.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.