Judges: PER CURIAM. —
Attorneys: Fred J. Hampton and B. F. Jordan, for Plaintiff in Error;
Baxter Clayton, and W. B. Watson, Jr., for Defendant in Error.
Filed: Jul. 23, 1932
Latest Update: Mar. 02, 2020
Summary: In this case Fannie Rivers, a widow, sued the City of Gainesville for damages occasioned by the wrongful death of her husband. The proof was that the City of Gainesville was engaged in generating for sale electric current. That in the production of this current it used certain boilers; that the husband of plaintiff, Thomas Rivers, was employed by the City to work in and about the boilers; that his duties required him to clean and repair the boilers; that while he was in one of the boilers at wor
Summary: In this case Fannie Rivers, a widow, sued the City of Gainesville for damages occasioned by the wrongful death of her husband. The proof was that the City of Gainesville was engaged in generating for sale electric current. That in the production of this current it used certain boilers; that the husband of plaintiff, Thomas Rivers, was employed by the City to work in and about the boilers; that his duties required him to clean and repair the boilers; that while he was in one of the boilers at work..
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A rehearing having been granted in this cause and the Court having further considered the record herein after the filing of additional briefs and after oral argument by counsel for the respective parties and the Court being now fully advised in the premises, it is considered, ordered and adjudged by the Court that the opinion filed in this cause on July 23, 1932, be adhered to and that the judgment of the Circuit Court be and the same is hereby reversed after rehearing and reargument.
BUFORD, C.J., AND WHITFIELD, ELLIS, BROWN AND DAVIS, J.J., concur.
TERRELL, J., not participating.
