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DEWAR v. CITY OF MIAMI

93 So.2d 58 (1957)

Petronelia DEWAR and John Dewar, her husband, Appellants, v. CITY OF MIAMI, Florida, a municipal corporation, Ayares Finance Corporation, Reliable Motor Company, Inc., and Universal Finance Company, Incorporated, Appellees.

Supreme Court of Florida, En Banc.

February 27, 1957.

Attorney(s) appearing for the Case

Kelner & Lewis, Miami Beach, for appellants.

J.W. Watson, Jr. and Robert M. Haverfield, Miami, for City of Miami; Blackwell, Walker & Gray, Miami, for Ayares Finance Corp., Reliable Motor Co., Inc. and Universal Finance Co. Inc., appellees.

DREW, Justice.

A determination of the existence or nonexistence of contributory negligence in a summary judgment situation provides the focal point for this opinion.

Petronelia Dewar brought a complaint charging the adjacent property owners and the city with negligence in regard to the creation of cracks in a sidewalk, and failure to repair such defects. Mrs. Dewar alleged that she fell while she was walking upon the defective sidewalk. The defendants charged...

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