MCELVEY
v.
GREENE ET AL.
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The Florida Supreme Court affirmed a judgment against a landlord for personal injuries sustained by a tenant who fell through a defective floor in a rental property's common shed. The court found the landlord negligent for failing to maintain the shed's floor and warn the tenant of its condition.
Yes, the landlord was negligent. The court affirmed the judgment against the landlord, finding him liable for the tenant's injuries resulting from the defective floor.
“It appears from the complaint that appellees rented a cottage from appellant at Gulf Beach, a summer resort near Panama City, at $75 per week, rent payable in advance.”
Establishes the landlord-tenant relationship and the context of the rental.
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Join FLexlaw to unlock all legal intelligenceAppellees rented a cottage from appellant. On the first night, Mrs. Greene, one of the appellees, went to a common shed provided for cottagers. A floo…
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TERRELL, Justice.
This appeal is from a final judgment against J. M. McElvey in favor of appel-lees for personal injuries, doctors and hospital bills. It appears from the complaint that appellees rented a cottage from appellant at Gulf Beach, a summer resort near Panama City, at $75 per week, rent payable in advance. On the first night she •occupied the cottage, Mrs. O. M. Greene went to a shed nearby that was prepared for the cottagers to sit and enjoy the' ocean breezes. Before she was seated one of the floor boards gave way, her right leg went •through the floor, fracturing and bruising it, with numerous lacerations from foot to above the knee, forcing her to remain in bed for five weeks, causing pain and suffering and the expenditure of large sums for doctors and hospital bills, all account •of defendant’s negligence in not having •the floors of the shed in good condition and in not warning plaintiff that they were defective.
The record and briefs have been examined and the judgment is affirmed on authority of J. G. Christopher Co. v. Russell, 63 Fla. 191, 58 So. 45; Kimmons v. Crawford, 92 Fla. 652, 109 So. 585; and Butler v. Maney, 146 Fla. 33, 200 So. 226. The same principle was approved in Cavezzi v. Cooper, Fla., 47 So. 2d 860.
Affirmed.
ROBERTS, C. J., and MATHEWS and DREW, JJ., concur.
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State v. Dade Cnty., 142 So. 2d 79 (Fla. 1962)…or incorporated district to become a stockholder in any company, association or corporation, or to obtain or appropriate money for, or to loan its credit to, any corporation, association, institution or individual.” . Brautigam v. White, Fla.1953, 64 So. 2d 781; State v. City of Daytona Beach, Fla.1954, 69 So. 2d 658; State v. City of Key West, 153 Fla. 226, 14 So. 2d 707. . City of Springfield v. Monday, 1945, 353 Mo. 981, 185 S.W. 2d 788; People ex rel. Murphy v. Kelly, 76 N.Y. 475; Long v. Mayo, 271 Ky…
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- J. G. Christopher Co. v. Russell, 63 Fla. 191 (Fla. 1912)
- Butler v. Maney, 146 Fla. 33 (Fla. 1941)
- Kimmons v. Crawford, 92 Fla. 652 (Fla. 1926)