MONCHEK v. CITY OF MIAMI BEACH

No. 58-478.

110 So.2d 20 (1959)

Philip MONCHEK, by his father and next friend, Irving Monchek, and Irving Monchek, individually, Appellants, v. CITY OF MIAMI BEACH, Appellee.

District Court of Appeal of Florida. Third District.

March 26, 1959.


Attorney(s) appearing for the Case

Street & Greenfield and Jack A. Furman, Miami Beach, for appellants.

Tobin & Nevins and Blackwell, Walker & Gray and Robert Asti, Miami, for appellee.


MILLEDGE, STANLEY, Associate Judge.

A summary judgment for the defendant was entered in an action by a minor for negligence in maintaining a vacant lot owned by the city, to which the plaintiff and other children were attracted by the sewer pipes stored there. The judgment was entered on the sole ground that the notice required by section 45 of chapter 7672, Special Acts 1917, as subsequently amended, the charter of the city...

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