Shayne v. Saunders, (1937)
Court: Supreme Court of Florida
Number:
Visitors: 9
Judges: BUFORD, J.
Attorneys: Patterson, Blackwell Knight, for Petitioner;
McKay, Dixon DeJarnette, for Respondent.
Filed: Sep. 29, 1937
Latest Update: Mar. 02, 2020
Summary: On writ of certiorari we consider the record made in the Civil Court of Record in and for Dade County, Florida, and reviewed on writ of error by the Judges of the Circuit Court of the Eleventh Judicial Circuit of Florida in and for Dade County. *Page 357 In the Circuit Court the plaintiff in error filed twenty-four (24) assignments of error. He contends that the Circuit Court considered only one assignment of error and affirmed the judgment. This assumption cannot be indulged. It is the duty of
Summary: On writ of certiorari we consider the record made in the Civil Court of Record in and for Dade County, Florida, and reviewed on writ of error by the Judges of the Circuit Court of the Eleventh Judicial Circuit of Florida in and for Dade County. *Page 357 In the Circuit Court the plaintiff in error filed twenty-four (24) assignments of error. He contends that the Circuit Court considered only one assignment of error and affirmed the judgment. This assumption cannot be indulged. It is the duty of a..
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I concur in the opinion and decision in this case, except the first quotation from paragraph 469 of the American Law Institute's Restatement of the Law of Negligence, wherein it is stated that where a defendant pleads contributory negligence on the part of the plaintiff he must not only show that the "harm" was in part occasioned by plaintiff's failure to conform to proper standards of care, but must show that such failure took place "under circumstances amounting to a legal invasion of the opposite party's legal rights at the time." This last clause may be founded upon sound principles, but I am not yet convinced that it is good law in this State, nor am I convinced that the approval of this clause is necessary to the decision of this case.
Source: CourtListener
