Supreme Court of Florida, 1926

Magee v. Friedricksen

Supreme Court of Florida · Decided June 7, 1926 · Brown, Terrell, Buford

109 So. 197; 91 Fla. 1078; 1926 Fla. LEXIS 1048 (Southern Reporter)

Cases that cite this one

3 later published cases cite this decision.

Griffis v. Du Bow (Fla. Dist. Ct. App. 1959)
Connell v. Petri (Fla. 1947)
City of Jacksonville Beach v. Jones (Fla. 1930)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.