Close v. Cunningham, (1930)
Court: Supreme Court of Florida
Number:
Visitors: 2
Judges: PER CURIAM. —
Attorneys: John F. Hall and Robert H. Anderson, Attorneys for Plaintiff;
S. M. Mathews, Attorney for Defendant.
Filed: May 15, 1930
Latest Update: Mar. 02, 2020
Summary: This is an action for personal injuries. The record and the briefs of counsel in the cause have been examined carefully. We think the judgment below should be affirmed on authority of Jacksonville Street Railway Company v. Chappell, 22 Fla. 616 , 1 So. R. 10, and Jones v. Townsend, 23 Fla. 255 , 2nd So. R. 612, construing an Act of 1828, now appearing as Section 4211, Comp. Gen. Laws. Affirmed. WHITFIELD, ELLIS, STRUM AND BROWN, J. J., concur. TERRELL, C. J., AND BUFORD, J., dissent.
I think the construction of a statute, which is not potentially erroneous and unreasonable, and which has been allowed to stand so long, and which was embraced in the Rev. Stats. of 1892, adopted by the legislature and in subsequent compilations of our general laws, in the light of the construction placed on it by this Court in 1887, should still be allowed to stand. If any change is advisable, let the legislature make it, not the courts.
Source: CourtListener
