A. S. MAGEE, PLAINTIFF IN ERROR,
v.
CHARLES H. FRIEDRICKSEN, BY HIS NEXT FRIEND CHARLES FRIEDRICKSEN, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a judgment for a minor injured by a motor vehicle, finding that the minor's contributory negligence was amply sustained by the proof.
Yes, the proof amply sustained the plea of contributory negligence, which bars recovery.
“This was an action brought by a minor, a boy of eleven jmars of age, joined by his next friend, against the owner of a motor vehicle for damages resulting from personal injuries received by the boy when he ran in front of the moving motor vehicle on a public street to retrieve a base ball with which he and other boys were playing.”
Describes the factual background of the case.
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Join FLexlaw to unlock all legal intelligenceAn eleven-year-old boy, playing baseball, ran into the street to retrieve a ball and was struck by a moving motor vehicle. The boy, through his next f…
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[*1079] Buford, J.
— This was an action brought by a minor, a boy of eleven jmars of age, joined by his next friend, against the owner of a motor vehicle for damages resulting from personal injuries received by the boy when he ran in front of the moving motor vehicle on a public street to retrieve a base ball with which he and other boys were playing. From a judgment in favor of the plaintiff Writ of Error is brought to this Court.
A plea of contributory negligence was interposed and amply sustained by the proof.
The. judgment should be reversed under authority of Fitzsimmons v. Cesery, 61 Fla. 199 55 So. 467; Wauchula Mfg. Co. v. Jackson, 70 Fla. 596; 70 South. Rep. 599 and German-American Lumber Co. v. Hannah, 60 Fla. 70, 53 South. Rep. 516.
Reversed.
Brown, C. J., and Terrell and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Connell v. Petri, 159 Fla. 67 (Fla. 1947)…6 So. 254. The authorities so heavily relied upon by appellee relating to children suddenly and unexpectedly running into a street or [*71] thoroughfare without notice in front of approaching vehicles are not applicable here. Magee v. Friedrickson, 91 Fla. 1078, 109 So. 197; Stover v. Stovall, 103 Fla. 284, 137 So. 249; Robb v. Pike, 119 Fla. 833, 161 So. 732; Stephen Putney Shoe Co. v. Ormsby's Admr., 129 Va. 297, 105 S.E. 563; Swetzoff v. O'Brien, 226 Mass. 438, 115 N.E. 748; Zoltovski v. Gzella, 159 Mic…
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Griffis v. DU BOW, 114 So. 2d 207 (Fla. 1st DCA 1959)
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City of Jacksonville Beach v. Jones, 101 Fla. 95 (Fla. 1930)…Cesery, 61 Fla. 199, 55 Sou. 465; Loftin v. Jacksonville Electric Co., 61 Fla. 293, 54 Sou. 959; Cooperative Sanitary Baking Co. vs. Shields, 71 Fla. 110, 70 Sou. 934; Wauchula Mfg. Co., vs. Jackson, 70 Fla. 596, 70 Sou. 599; Magee vs. Frederickson, 91 Fla. 1078, 109 Sou. 197; Cummer Lumber Co. vs. Silas, 98 Fla. 1158, 125 Sou. 372. It is so ordered Eeversed. Whitfield, P.J., and Strum, J., concur. Terrell, C.J., and Ellis, and Brown, J.J., concur in the opinion and judgment.'…
Authorities Cited
- German-American Lumber Co. v. C. P. Hannah by Next Friend, 60 Fla. 70 (Fla. 1910)
- Wauchula Mfg. & Timber Co. v. Jackson, 70 Fla. 596 (Fla. 1916)
- Fitzsimmons v. A. J. Cesery & Co., 61 Fla. 199 (Fla. 1911)