CITY OF JACKSONVILLE
v.
WALDREP ET AL.
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The Florida Supreme Court reversed a judgment in a negligence case involving a minor who was injured after tripping on a water meter, holding that the circumstantial evidence presented was equally susceptible to two reasonable inferences and therefore failed to meet the standard required for recovery in civil cases.
Circumstantial evidence in civil cases must outweigh all contrary inferences to the extent of constituting a preponderance of all reasonable inferences that might be drawn from the circumstances. The evidence here, being reasonably susceptible of two equally reasonable inferences, failed to meet this standard and therefore could not support judgment for the plaintiff.
“Where circumstantial evidence is relied on in a civil case to prove an essential fact or circumstance essential to recovery, the rule is that the particular inference of the existence of the fact relied on as arising from the circumstances established by the evidence adduced, shall outweigh all contrary inferences to such extent as to amount to a preponderance of all of the reasonable inferences that might be drawn from the same circumstances.”
Establishes the governing standard for circumstantial evidence in Florida civil cases
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Join FLexlaw to unlock all legal intelligenceCharles Wayne Waldrep, a minor, allegedly came upon a water meter, tripped, fell, and was seriously and permanently injured. The appellee relied entir…
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HOBSON, Chief Justice.
The final judgment from which this appeal is prosecuted must be reversed upon the authority of the City of Miami Beach v. Quinn, 149 Fla. 326, 5 So. 2d 593 and Kitchen v. City of Jacksonville, 158 Fla. 621, 29 So. 2d 441.
Moreover, the evidence relied up,on by appellee to establish the allegation “The plaintiff, Charles Wayne Waldrep, a minor, came upon said watermeter and was caused to trip and fall and be hurled to the ground and was seriously and permanently injured, * * *” is entirely circumstantial in character. Although the nature of the circumstances relied upon' to establish the aforementioned allegation is consistent with the theory which would authorize recovery, it is not as conclusive as is demanded of circumstantial evidence for it is “reasonably, susceptible of two equally reasonable inferences.” Stigletts v. McDonald, 135 Fla. 385, 186 So. 233, 235.
In this jurisdiction in civil cases when circumstantial ,evidence alone is relied upon to establish the material allegations of a complaint all reasonable inferences deducible from the proven'circumstances must be sufficient to overcome all other contrary reasonable inferences. Fireman’s Fund Indemnity Co. v. Perry, 149 Fla. 410, 5 So. 2d 862. In the last cited case we receded from our pronouncement in the case of Florida East Coast R. Co. v. Acheson, 102 Fla. 15, 135 So. 551, 137 So. 695, 140 So. 467, wherein we inadvertently adopted the rule with reference to circumstantial evidence which obtains in criminal cases.
The present rule in this jurisdiction in civil cases is that which is set forth in the cases of King v. Weis-Patterson Lumber Co., 124 Fla. 272, 168 So. 858; Reed v. American Insurance Co. of Newark, N. J., 128 Fla. 549, 175 So. 224, and Fireman’s Fund Indemnity Co. v. Perry, supra. In the case of King v. Weis-Patterson Lumber Co. supra, we stated the rule in the following language [124 Fla. 272, 168 So. 859]:
“Where circumstantial evidence is relied on in a civil case to prove an essential fact or circumstance essential to re-, covery, the rule is that the particular inference of the existence of the fact relied on as arising from the circumstances established by the evidence adduced, shall outweigh all contrary-inf er-entes-to such extent as to amount to a preponderance of all'of the reasonable inferences that might be drawn from the same circumstances. This is a less rigid rule than applies in a criminal case, where the inference drawn must not only be consistent with the fact sought to be proved, but wholly inconsistent with any other reasonable inference to’ the contrary. City of Pensacola v. Herron, 112 Fla. 742, 150 So. 877; Sovereign Camp W. O. W. v. Hodges, 72 Fla. 467, 73 So. 347.”
See also Mutual Life Insurance Co. of New York v. Hamilton, 5 Cir., 143 F. 2d 726.
Reversed.
. SEBRING, TERRELL and THOMAS, JJ., concur.
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Voelker v. Combined Ins. Co. of Am., 73 So. 2d 403 (Fla. 1954)…tomobile, * - * * the Company will pay the sum of $500.00.” (Italics supplied.) As aforestated, all of the 'evidence relied upon by appellant is circumstantial in character. In the comparatively recent case of City of Jacksonville v. Waldrep, Fla., 63 So. 2d 768, we re-affirmed the rule that when circumstantial evidence is relied upon in a civil case as a rnéthod of proof any reasonable inference deducible therefrom which would authorize recovery must outweigh each and every contrary reasonable inference if…
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Budgen v. Brady, 103 So. 2d 672 (Fla. 1st DCA 1958)…ston, supra note 6, 58 So. 2d at page 870. . See Klepper v. Breslin, Fla.1955, 83 So. 2d 587; Ehrens v. Miami Transit Co., 155 Fla. 394, 20 So. 2d 261. . See Preger v. Gomory, Fla.1951, 55 So. 2d 541. . City of Jacksonville v. Waldrep, Fla. 1953, 63 So. 2d 768. . See Florida Bast Coast Ry. Co. v. Hayes, supra note 1.…
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Sakolsky v. The City OF Coral Gables, 151 So. 2d 433 (Fla. 1963)…harrow v. Dania, Fla.1955, 83 So. 2d 274; City of Fort Lauderdale v. Lauderdale Industrial Sites, Inc., Fla.App.1957, 97 So. 2d 47; City of Miami v. State ex rel. Ergene, Inc., Fla.App.1961, 132 So. 2d 474; City of Jacksonville v. Waldrep, Fla.1953, 63 So. 2d 768; Voelker v. Combined Ins. Co. of America, Fla.1954, 73 So. 2d 403. See also Frink v. Orleans Corp., 159 Fla. 646, 32 So. 2d 425. .Petitioner testified: “That is exactly the way the conversation went. I said, ‘It’s a lot of money for the land, but…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (14 total)
- King v. Weis-Patterson Lumber Co., 124 Fla. 272 (Fla. 1936)
- Rupp Hotel Operating Co. v. Donn, 158 Fla. 541 (Fla. 1947)
- City of Miami Beach v. Quinn, 5 So. 2d 593 (Fla. 1942)
- Stigletts v. McDonald, 135 Fla. 385 (Fla. 1938)
- Sovereign Camp of the Woodmen of the World v. Hodges, 72 Fla. 467 (Fla. 1916)
- Hedwig Kitchen v. City OF Jacksonville, 158 Fla. 621 (Fla. 1947)
- Fla. E. Coast Ry. Co. v. Avor Young, 104 Fla. 541 (Fla. 1932)
- Fireman's Fund Indem. Co. v. Perry, 5 So.2d 862 (Fla. 1942)
- Reed v. The Am. Ins. Co. of Newark, 128 Fla. 549 (Fla. 1937)
- Mut. Life Ins. Co. of N.Y. v. Hamilton, 143 F.2d 726 (5th Cir. 1944)