Hamblen, Inc. v. Owens, (1937)
Court: Supreme Court of Florida
Number:
Visitors: 19
Judges: TERRELL, J.
Attorneys: E.N. Calhoun and Dunham Meitin, for Plaintiff in Error;
MacWilliams Upchurch, for Defendant in Error.
Filed: Feb. 12, 1937
Latest Update: Mar. 02, 2020
Summary: While engaged as a clerk in the hardware business of the plaintiff in error, defendant in error fell from a stepladder and received injuries from which he was forced to have his left leg amputated above the knee. He brought this action for personal injuries and recovered a judgment for $8,000.00 to which writ of error was prosecuted. The first question we are urged to answer is whether or not the stepladder from which defendant in error fell was such a simple tool or appliance as to make him cha
Summary: While engaged as a clerk in the hardware business of the plaintiff in error, defendant in error fell from a stepladder and received injuries from which he was forced to have his left leg amputated above the knee. He brought this action for personal injuries and recovered a judgment for $8,000.00 to which writ of error was prosecuted. The first question we are urged to answer is whether or not the stepladder from which defendant in error fell was such a simple tool or appliance as to make him char..
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This is a "simple tool" case. Should it not have been shown the defendant knew or ought to have known of the defect in the ladder? If the plaintiff could not detect the defect — if it was not apparent to ordinary observation — how could the defendant have detected it?
Source: CourtListener
