McELVEY v. GREENE


64 So.2d 781 (1953)

McELVEY v. GREENE et al.

Supreme Court of Florida, Special Division A.

Rehearing Denied May 15, 1953.


Attorney(s) appearing for the Case

Liddon, Isler & Welch, Panama City, for appellant.

Thomas Sale, Panama City, for appellee.


TERRELL, Justice.

This appeal is from a final judgment against J.M. McElvey in favor of appellees for personal injuries, doctors and hospital bills. It appears from the complaint that appellees rented a cottage from appellant at Gulf Beach, a summer resort near Panama City, at $75 per week, rent payable in advance. On the first night she occupied the cottage, Mrs. O.M. Greene went to a shed nearby that was prepared for the cottagers to sit and enjoy the ocean breezes. Before she was seated one of the floor boards gave way, her right leg went through the floor, fracturing and bruising it, with numerous lacerations from foot to above the knee, forcing her to remain in bed for five weeks, causing pain and suffering and the expenditure of large sums for doctors and hospital bills, all account of defendant's negligence in not having the floors of the shed in good condition and in not warning plaintiff that they were defective.

The record and briefs have been examined and the judgment is affirmed on authority of J.G. Christopher Co. v. Russell, 63 Fla. 191, 58 So. 45; Kimmons v. Crawford, 92 Fla. 652, 109 So. 585; and Butler v. Maney, 146 Fla. 33, 200 So. 226. The same principle was approved in Cavezzi v. Cooper, Fla., 47 So.2d 860.

Affirmed.

ROBERTS, C.J., and MATHEWS and DREW, JJ., concur.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases