Magee v. Friedricksen

109 So. 197, 91 Fla. 1078, 1926 Fla. LEXIS 1048

• Court: Supreme Court of Florida
• Decided: June 7, 1926
• Status: Published

Opinion

Buford, J.

— 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.

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

The. judgment should be reversed under authority of Fitzsimmons v. Cesery, 61 Fla. 199 55 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.

Reversed.

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