Magee v. Friedricksen
Supreme Court of Florida
Magee v. Friedricksen, 109 So. 197 (Fla. 1926)
91 Fla. 1078; 1926 Fla. LEXIS 1048
Brown, Terrell, Buford
Magee v. Friedricksen
Opinion of the Court
— This was an action brought by a minor, a boy of eleven jmars 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.
Reference
- Full Case Name
- A. S. Magee, Plaintiff in Error, v. Charles H. Friedricksen, by His Next Friend Charles Friedricksen, Defendant in Error
- Cited By
- 3 cases
- Status
- Published