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NEWBY v. WEST PALM BEACH WATER CO.

47 So.2d 527 (1950)

NEWBY v. WEST PALM BEACH WATER CO.

Supreme Court of Florida, en Banc.

July 21, 1950.

Attorney(s) appearing for the Case

L.H. Brannon, Delray Beach, and Robert E. Hathaway, West Palm Beach, for appellant.

Scott M. Loftin, Robert H. Anderson, William S. Frates and Loftin, Anderson, Scott, McCarthy & Preston, Miami, for appellee.

TERRELL, Justice.

Appellee, West Palm Beach Water Company, owned, operated and controlled a plant for treating, storing and distributing water to the City of West Palm Beach. One feature of this plant was a reservoir 120 feet long, 50 feet wide and 14 feet deep when filled with water. The reservoir was within the corporate limits of the city. It was not fenced and was on lands owned by defendant. It was surrounded by grass lands or lawns and as one approached it the...

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