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

*1079 Buford, J.

— 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.

Brown, C. J., and Terrell and Buford, J. J., concur.

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