¶1 (concurring). — The plaintiff below, Mary Davis, a young lady at the time about 20 years old, was seated in *8 the front seat of her father’s car between her father (the driver) and a Miss Calloway, who was on the side nearest the right hand side of the car, when she was injured. Assuming that there was contributory negligence on the part of the plaintiff’s father in driving his car into the intersection where it was struck by the LaSalle car of the defendant below, it certainly cannot be said as a matter of law that the father’s contributory negligence is imputable to his minor child merely because she did not undertake to control her father’s operation of the car in which she was simply a passenger at the time. S. A. L. versus Watson, 94 Fla. 571, 113 Sou. Rep. 716. Therefore plaintiff was entitled to recover unless her father’s alleged negligence was the sole cause of the collision, the latter being a question of fact for the jury.
127 Fla. 1
172 So 705
Heitman v. Davis
Decided January 20, 1937
Supreme Court of Florida · decided 1937-01-20
Relies on Seaboard Air Line Railway Co. v. Watson
Good law ✅— No negative treatment on recordhow we know
Decided 1937-01-20
How this case has been cited
Cited by 21 later decisions — most recently September 1998
3 federal appellate · 18 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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