MABEL BERGEN, APPELLANT,
v.
WYETT SHULTZ, DOING BUSINESS UNDER THE TRADE NAME OF HAMBURGER HEAVEN, APPELLEE

Fla. | 1955-04-15
MATHEWS, C. J., ROBERTS and DREW, JJ., and PARKS, Associate Justice, concur.
79 So. 2d 679 Florida Supreme Court (1955) Positive Treatment
Cited by 51 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed on the authority of Matson v. Tip Top Grocery Co., Inc., 151 Fla. 247, 9 So. 2d 366; Earley v. Morrison Cafeteria Co. of Orlando, Fla., 61 So. 2d 477; Brant v. Van Zandt, Fla., 1955, 77 So. 2d 858.

MATHEWS, C. J., ROBERTS and DREW, JJ., and PARKS, Associate Justice, concur.


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Cited By (49 total)

  • Royal Carraway v. Revell, 116 So. 2d 16 (Fla. 1959)
    …. v. Leonard, Fla., 112 So. 2d 832, for a discussion of tlie power of the district courts to certify cases for review under Art. V, § 4, Florida Constitution, F.S.A. . Supra, note 3. . Degrees of Negligence, 6 So.Cal.L.Rev. 91 (1933). . Fla.1955, 79 So. 2d 679, 682. . “The line between gross and simple negligence is a difficult one to draw. Under our system of jurisprudence which recognizes the jury system as a basic concept in the administration of justice, we think the wise course to follow is one whic…
  • Ingram v. Pettit, 340 So. 2d 922 (Fla. 1976)
    …mption of negligence. This principle was reaffirmed in Clark v. Sumner, 72 So. 2d 375 (Fla.1954). . Florida Southern Ry. Co. v. Hirst, 30 Fla. 1, 11 So. 506, 513 (1892). . See, Carraway v. Revell, 116 So. 2d 16, 19-20 (Fla.1959); Bridges v. Speer, 79 So. 2d 679, 682 (Fla.1955). . Farrey v. Bettendorf, 96 So. 2d 889, 895 (Fla.1957). . The most recent report of the Florida Department of Highway Safety and Motor Vehicles shows that in 1974 drinking was a contributing cause in 24,869 automotive accidents wit…
  • Farrey v. Bettendorf, 96 So. 2d 889 (Fla. 1957)
    …ikely result in injuries to persons or property along the way and such conduct would fall within the rule which brands as gross negligence a course of conduct where the danger to persons or property is clear and imminent. Bridges v. Spear, Fla.1955, 79 So. 2d 679. In Faircloth v. Hill, supra, 85 So. 2d at page 872 we said: “We have held that all of the circumstances of each case entering into the particular happening must be considered in order to determine whether liability exists. See Dexter v. Green, Fl…

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