Johnson v. Wood, (1945)
Court: Supreme Court of Florida
Number:
Visitors: 14
Judges: TERRELL, J.:
Attorneys: Laura H. Hyde and John E. Lake, for appellant.
Gov. Hutchinson, for appellee.
Filed: Mar. 16, 1945
Latest Update: Mar. 02, 2020
Summary: This case stems from the attractive nuisance, otherwise known as the turntable doctrine. The trial court sustained a demurrer to the amended declaration; the plaintiff declining *Page 754 to plead further, final judgment was entered for the defendant and plaintiff appealed. Did the amended declaration state a cause of action is the question with which we are concerned. The trial court in sustaining the demurrer to the declaration appears to have relied on Fitzpatrick v. Rose Donahue Realty Compa
Summary: This case stems from the attractive nuisance, otherwise known as the turntable doctrine. The trial court sustained a demurrer to the amended declaration; the plaintiff declining *Page 754 to plead further, final judgment was entered for the defendant and plaintiff appealed. Did the amended declaration state a cause of action is the question with which we are concerned. The trial court in sustaining the demurrer to the declaration appears to have relied on Fitzpatrick v. Rose Donahue Realty Compan..
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I dissent because I am of the view that the declaration does not contain a direct allegation of ultimate fact, that the defendant knew or should have known that children frequented the place where the mortar box of defendant was kept. Had such allegation been incorporated in the declaration I am of opinion that a cause of action would have been stated.
Source: CourtListener
