From Casetext: Smarter Legal Research

Magee v. Friedricksen

Supreme Court of Florida, En Banc
Jun 7, 1926
109 So. 197 (Fla. 1926)

Opinion

Opinion Filed June 7, 1926.

A Writ of Error to the Court of Record for Escambia County; C. M. Jones, Judge.

Reversed.

Forsyth Caro, for Plaintiff in Error;

No appearance for Defendant in Error.


This was an action brought by a minor, a boy of eleven years 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.


Summaries of

Magee v. Friedricksen

Supreme Court of Florida, En Banc
Jun 7, 1926
109 So. 197 (Fla. 1926)
Case details for

Magee v. Friedricksen

Case Details

Full title:A. S. MAGEE, Plaintiff in Error, v. CHARLES H. FRIEDRICKSEN, BY HIS NEXT…

Court:Supreme Court of Florida, En Banc

Date published: Jun 7, 1926

Citations

109 So. 197 (Fla. 1926)
109 So. 197

Citing Cases

Griffis v. Du Bow

Ehrens v. Miami Transit Co., 155 Fla. 394, 20 So.2d 261; Kautzmann-Vernet Lumber Co. v. Fink, 156 Fla. 628,…