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AKERS MOTOR LINES, INCORPORATED v. PEASLEE METAL PRODUCTS, INCORPORATED

No. 68-311.

218 So.2d 498 (1969)

AKERS MOTOR LINES, INCORPORATED, a Corporation, Appellant, v. PEASLEE METAL PRODUCTS, INCORPORATED, a Corporation, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied February 28, 1969.

Attorney(s) appearing for the Case

Charles W. Pittman, of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellant.

H.H. Baskin, Jr., of Cooper, Rives & Baskin, and William P. O'Malley, Clearwater, for appellee.

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...

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