BROMER v. FLORIDA POWER & LIGHT CO.


45 So.2d 658 (1949)

BROMER et al. v. FLORIDA POWER & LIGHT CO.

Supreme Court of Florida, en Banc.

On Rehearing February 24, 1950.

Further Petition for Rehearing Dismissed March 25, 1950.


Attorney(s) appearing for the Case

Cleveland, Sibley & Davis and Broad & Cassell, Miami Beach, for appellants.

Loftin, Anderson, Scott, McCarthy & Preston, Miami, for appellee.


PER CURIAM.

Affirmed.

TERRELL, THOMAS, SEBRING, and HOBSON, JJ., concur.

ADAMS, C.J., and CHAPMAN and BARNS, JJ., dissent.

CHAPMAN, Justice (dissenting).

It is my view that the amended declaration states a cause of action. A public utility is liable for damages resulting from its failure to perform its contract. See Mugge v. Tampa Water Works Co., 52 Fla. 371, 42 So. 81, 6 L.R.A.,N.S., 1171, 120 Am.St.Rep. 207; Woodbury v. Tampa Water...

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