McCallum ex rel. McCallum v. Brodsky

Florida District Courts of Appeal
McCallum ex rel. McCallum v. Brodsky, 158 So. 2d 589 (1963)
Lamar, Shannon, Smith, Warren

McCallum ex rel. McCallum v. Brodsky

Opinion of the Court

PER CURIAM.

The complaint charged the defendants with the negligent use of a door, in that, while a minor, who with his parents were guests at defendants’ motel, was entering the door the same closed upon his fingers with great force because of a gust of wind. There was no door stop on the door, which opened out, the only device attached to it being a chain which was fastened to the inside top of the door which prevented it from striking the exterior wall of the building. The complaint was dismissed upon motions to dismiss for failure to state a cause of action. See Dolan v. Callender, McAuslan & Troup Co., 26 R.I. 198, 58 A. 655; Ten Broeck v. Deinhardt, 120 App. Div. 473, 105 N.Y.S. 59; Jacob v. City of Pittsburgh, 330 Pa. 587, 198 A. 639; Sockwell v. Lucas & Jenkins Inc., 71 Ga.App. 765, 32 S.E.2d 201; Buzzell v. R. H. White Co., 220 Mass. 129, 107 N.E. 385; 16 A.L.R.2d 1161.

Affirmed.

SMITH, C. J., SHANNON, J., and WARREN, LAMAR, Associate Judge, concur.

Reference

Full Case Name
Robert McCALLUM, a minor by F. John McCallum, his father and next friend, and F. John McCallum, individually v. Billie BRODSKY, Administratrix of the Estate of Jacob A. Brodsky, for Jacob A. Brodsky, individually and trading and doing business as the Astrocraft Motel
Cited By
3 cases
Status
Published