CITY OF JACKSONVILLE v. FOSTER


41 So.2d 548 (1949)

CITY OF JACKSONVILLE v. FOSTER et al.

Supreme Court of Florida, Division A.

July 22, 1949.


Attorney(s) appearing for the Case

William M. Madison, Inman P. Crutchfield and Dwight E. Ogier, Jacksonville, for appellant.

Will O. Murrell and Charles R. Hess, Jacksonville, for appellees.


THOMAS, Justice.

An oak tree that grew in a parkway on Eighth Street in the City of Jacksonville blew down in a strong but not inordinate wind, demolished a car owned by the appellee husband, and injured his wife who was driving it. The trial culminated in a verdict for the plaintiffs, and the defendant appealed.

It was charged in the declaration that the city was neglectful of its duty when it permitted the tree to become insecure in its roots, a condition...

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