CITY OF WEST PALM BEACH, FLORIDA, A MUNICIPAL CORPORATION, PLAINTIFF IN ERROR,
v.
OLA GRIMMETT, JOINED BY HER HUSBAND AND NEXT FRIEND, E. C. GRIMMETT, AND E. C. GRIMMETT, IN HIS OWN RIGHT, DEFENDANT IN ERROR
— This cause having heretofore been submitted to the Court upon the transcript of the record of *681the judgment herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said judgment; it is, therefore, considered, ordered and adjudged by the Court that the said judgment of the Circuit Court be, and the same is hereby affirmed.
Buford, C.J., and Whitfield and Davis, J.J., concur.
On Rehearing Petition.
— The judgment in this case allowing plaintiff a recovery of damages for personal injuries inflicted on her by a motorcycle operated by a policeman of the City of West Palm Beach, when he recklessly and negligently ran the same against plaintiff while she was walking on a sidewalk of the city, was affirmed by this Court on the authority of City of Tallahassee vs. Kaufman, 87 Fla. 119, 100 Sou. 150, and Maxwell vs. City of Miami, 87 Fla. 107, 100 Sou. 147.
Section 125, of Chapter 9945, Acts of 1923, which is the City Charter of West Palm Beach, if conceded to be a valid and enforceable provision of law, is not applicable to the case presented by this record and the petition for rehearing must accordingly be denied insofar as it is based on any special exemption from liability. See Bryan vs. West Palm Beach, 75 Fla. 19, 77 Sou. 627.
The petition for a rehearing is denied.
Buford, C.J., and Whitfield. Elias. Terrell, Brown and Davis, J.J., concur.
On Rehearing Petition.
Per Curiam.
— The judgment in this case allowing plaintiff a recovery of damages for personal injuries inflicted on her by a motorcycle operated by a policeman of the City of West Palm Beach, when he recklessly and negligently ran the same against plaintiff while she was walking on a sidewalk of the city, was affirmed by this Court on the authority of City of Tallahassee vs. Kaufman, 87 Fla. 119, 100 Sou. 150, and Maxwell vs. City of Miami, 87 Fla. 107, 100 Sou. 147.
Section 125, of Chapter 9945, Acts of 1923, which is the City Charter of West Palm Beach, if conceded to be a valid and enforceable provision of law, is not applicable to the case presented by this record and the petition for rehearing must accordingly be denied insofar as it is based on any special exemption from liability. See Bryan vs. West Palm Beach, 75 Fla. 19, 77 Sou. 627.
The petition for a rehearing is denied.
Buford, C.J., and Whitfield. Elias. Terrell, Brown and Davis, J.J., concur.
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Crumbley v. City of Jacksonville, 102 Fla. 408 (Fla. 1931)…orations, thus rendering the basis for our former decisions now inapplicable. This drift of opinion has been recognized in certain respects by this court. Kaufman v. City of Tallahassee, 84 Fla. 634, 94 So. 697; City of West Palm Beach vs. Grimmett, 137 So. 385. However, the weight of authority up to this time on the particular question here presented [*424] appears to be to the contrary and, in spite of the developments of recent years, there still remains many vital differences and distinctions between m…
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City of Miami v. Bethel, 65 So. 2d 34 (Fla. 1953)…ountry have pruned and restricted the doctrine of governmental immunity for tort. Ballard v. City of Tampa, 124 Fla. 457, 168 So. 654; Lewis v. City of Miami, 127 Fla. 426, 173 So. 150; City of West Palm Beach v. Grimmett, 102 Fla. 680, 136 So. 320, 137 So. 385; Swindal v. City of Jacksonville, 119 Fla. 338, 161 So. 383; Kaufman v. City of Tallahassee, 84 Fla. 634, 94 So. 697, 30 A.L.R. 471; and same title 87 Fla. 119, 100 So. 150; and many others might he cited. If there ever was a case in which the doctr…
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Barth v. City of Miami, 146 Fla. 542 (Fla. 1941)…and conclusion of the Court that the same was ruled by Kaufman v. City of Tallahassee, 84 Fla. 634, 94 So. 697, 30 A. L. R. 471; Maxwell v. City of Miami, 87 Fla. 107, 100 So. 147, 33 A. L. R. 682; City of West Palm Beach v. Grimmett, 102 Fla. 680, 137 So. 385; Swindal v. City of Jacksonville, 119 Fla. 338, 161 So. 383. In the case of City of Tampa v. Easton, 145 Fla. 188, 198 So. 753, it was disclosed by the record that the plaintiff below sustained described personal injuries caused by the negligence o…
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- Maxwell v. City of Miami, 87 Fla. 107 (Fla. 1924)
- The City of Tallahassee v. Kaufman, 87 Fla. 119 (Fla. 1924)
- Gadsden D. Bryan v. City of W. Palm Beach, 75 Fla. 19 (Fla. 1918)