STEINHARDT v. TOWN OF NORTH BAY VILLAGE

No. 60-516.

132 So.2d 764 (1961)

Milton STEINHARDT and Esther Steinhardt, his wife, Appellants, v. TOWN OF NORTH BAY VILLAGE, a municipal corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied October 3, 1961.


Attorney(s) appearing for the Case

Snyder & Young and Malcolm H. Fromberg, North Miami Beach, for appellants.

Feibelman, Friedman, Hyman & Durant, Miami, for appellee.

Before PEARSON, TILLMAN, C.J., and HORTON and CARROLL, JJ.


PEARSON, TILLMAN, Chief Judge.

The plaintiffs appeal from a final judgment entered upon defendant's motion to dismiss the amended complaint for failure to state a cause of action. The facts as admitted upon the motion were that the plaintiffs were the owners of certain improved real property within the limits of the defendant city, and a fire threatened to destroy plaintiffs' building; that defendant municipal corporation, pursuant to a call and its regulations, dispatched...

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