Gordon v. Gandy Bridge Company, Etc.

7 So. 2d 350, 150 Fla. 28, 1941 Fla. LEXIS 1413
CourtSupreme Court of Florida
DecidedDecember 16, 1941
StatusPublished
Cited by2 cases

This text of 7 So. 2d 350 (Gordon v. Gandy Bridge Company, Etc.) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gordon v. Gandy Bridge Company, Etc., 7 So. 2d 350, 150 Fla. 28, 1941 Fla. LEXIS 1413 (Fla. 1941).

Opinions

WHITFIELD, J.:

In our opinion the allegations of inducement and of conclusions, if defective, do not render insufficient the unchallenged definite allegations of fact in the declaration, which clearly show an unsafe placé for plaintiff to work, and state a cause' of actionable negligence of the defendant. The servant does not assume the risk of hazards caused by the master’s negligence. The declaration does not show assumption of risk or contributory negligence by the plaintiff, so as to negative recovery.

The judgment should be and is hereby reversed.

BROWN, C. J., TERRELL and CHAPMAN, JJ., concur. BUFORD, THOMAS and ADAMS, JJ., dissent.

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Related

Bartholf v. Baker
71 So. 2d 480 (Supreme Court of Florida, 1954)
Bastine v. Atlantic Coast Line R. Co
205 F.2d 457 (Fifth Circuit, 1953)

Cite This Page — Counsel Stack

Bluebook (online)
7 So. 2d 350, 150 Fla. 28, 1941 Fla. LEXIS 1413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gordon-v-gandy-bridge-company-etc-fla-1941.