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91 Fla. 1078

109 So 197

Magee v. Friedricksen

Supreme Court of Florida

Decided June 7, 1926

Supreme Court of Florida · decided 1926-06-07

Relies on German-American Lumber Co. v. Hannah · Wauchula Manufacturing & Timber Co. v. Jackson · Fitzsimmons v. A. J. Cesery & Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1926-06-07

How this case has been cited

Cited by 5 later decisions — most recently August 1959

5 state decisions

201926193019401950decided

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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*1079 Buford, J.

¶1 — This was an action brought by a minor, a boy of eleven jmars of age, joined by his next friend, against the owner of a motor vehicle for damages resulting from personal injuries received by the boy when he ran in front of the moving motor vehicle on a public street to retrieve a base ball with which he and other boys were playing. From a judgment in favor of the plaintiff Writ of Error is brought to this Court.

¶2 A plea of contributory negligence was interposed and amply sustained by the proof.

¶3 The. judgment should be reversed under authority of Fitzsimmons v. Cesery, 61 Fla. 19955 So. 467; Wauchula Mfg. Co. v. Jackson, 70 Fla. 596; 70 South. Rep. 599 and German-American Lumber Co. v. Hannah, 60 Fla. 70, 53 South. Rep. 516.

¶4 Reversed.

Brown, C. J., and Terrell and Buford, J. J., concur.
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