CITY OF SOUTH MIAMI
v.
STATE EX REL. CARY D. LANDIS, ATTORNEY GENERAL, A. H. VANDERBOOM, ET AL.

Fla. | 1939-11-24
Whitfield, P. J., and Brown, J., concur., Terrell, C. J., concurs in opinion and judgment., Justices Buford and Thomas not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
140 Fla. 747 Florida Supreme Court (1939) Positive Treatment
Also reported at: 192 So. 628
Cited by 10 cases

Opinion of the Court
Chapman, J. —

*748Chapman, J. —

The case at bar having been submitted on the testimony appearing in a companion case, the briefs therein likewise covered the case at bar, and the two cases being identical, it is therefore the order of this Court that the case at bar be and the same is hereby affirmed on the authority of City of South Miami v. State ex rel. Landis, Attorney General, Helen S. Pearson, a Widow, et al., this day decided.

It is so ordered.

Whitfield, P. J., and Brown, J., concur.

Terrell, C. J., concurs in opinion and judgment.

Justices Buford and Thomas not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Brown v. Loftin, 154 Fla. 621 (Fla. 1944)
    …to the City of Fort Lauderdale. The trial court Held that the declaration failed to state a cause of action and bottomed his conclusions on cases viz: Kimball v. Atlantic Coast Line Ry. Co. 132 Fla. 235, 181 So. 533; Cline v. Powell, 141 Fla. 119, 192 So. 628; Denton v. Atlanta & St. Andrews Bay R. Co., 141 Fla. 153, 192 So. 624; Clark v. Atlantic Coast Line R. Co., 141 Fla. 155, 192 So. 621, and similar cases. Counsel for plaintiff below perfected an appeal here. It is contended here that the case at b…
  • Hutton v. Atl. Coast Line R.R. Co., 92 So. 2d 528 (Fla. 1957)
    …t one who drives headlong into a train standing across a highway cannot be heard to complain of negligence because of the absence of any special warning, since the position of the train itself is the warning, see Cline v. Powell, 1939, 141 Fla. 119, 192 So. 628, Clark v. Atlantic Coast Line R. Co., 1939, 141 Fla. 155, 192 So. 621, Kimball v. Atlantic Coast Line R. Co., 1938, 132 Fla. 235, 181 So. 533, we have since engrafted upon that rule qualifying criteria capable of removing its harshly strict applicat…
  • Tampa Elec. Co. v. Lottie Fleischaker, 152 Fla. 701 (Fla. 1943)
    …Fla. 307, 54 [*705] So. 452; Loftin v. Jacksonville Electric Co., 61 Fla. 292, 54 So. 959; Florida East Coast Ry. Co. v. Johnson, 70 Fla. 422, 70 So. 397; Clark v. Atlantic Coast Line R. Co., 141 Fla. 155, 192 So. 621; Cline v. Powell, 141 Fla. 119, 192 So. 628; Crenshaw Bros. Produce Co. v. Harper, 142 Fla. 27, 194 So. 353. Other cited cases will be subsequently considered. It is contended that contributory negligence by the plaintiff appears, as a matter of law, and in light of the authorities supra, sh…

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