Judges: CHAPMAN, J.
Attorneys: Bart A. Riley and Edward A. McArthur, for Plaintiff in Error;
Knight Green, for Defendant in Error.
Filed: Apr. 08, 1941
Latest Update: Mar. 02, 2020
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 544 ON REHEARING (For former opinion, see 143 Fla. 692 , 197 So. 498 ) On November 18, 1938, plaintiff in error filed in the Circuit Court of Dade County, Florida, his third amended declaration alleging the negligent operation of a fire truck by defendant and consisting of two counts. A demurrer thereto was filed and one of the grounds was to the effect that
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 544 ON REHEARING (For former opinion, see 143 Fla. 692 , 197 So. 498 ) On November 18, 1938, plaintiff in error filed in the Circuit Court of Dade County, Florida, his third amended declaration alleging the negligent operation of a fire truck by defendant and consisting of two counts. A demurrer thereto was filed and one of the grounds was to the effect that e..
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My view is that this case was correctly decided on July 12, 1940, under the status of the law as it then existed. In my opinion, the case of City of Tampa, v. Easton, cited in the above opinion, extended and widened the domain of municipal liability, and correctly so, but that opinion and decision should not be given a retrospective effect so as to affect our judgment of affirmance in this case which was rendered some months previously.
