NIELSEN v. CARNEY GROVES, INCORPORATED

No. 3778.

159 So.2d 489 (1964)

John C. NIELSEN, a minor, by and through his next friend, Nenone Nielsen, and Nenone Nielsen, Appellants, v. CARNEY GROVES, INCORPORATED, Appellee.

District Court of Appeal of Florida. Second District.

January 8, 1964.


Attorney(s) appearing for the Case

Michael L. Kinney, of Fowler, White, Gillen, Humkey & Trenam, Tampa, Francis Millican, Sarasota, for appellants.

Vernon W. Evans, Jr., of Shackleford, Farrior, Stallings, Glos & Evans, Tampa, for appellee.


OVERSTREET, MURRAY, W., Associate Judge.

Plaintiffs-appellants sued defendant-appellee for personal injuries sustained by the 10-year-old plaintiff, John C. Nielsen, on a dam across Phillipi Creek in Sarasota County, Florida. The Complaint alleged that defendant owned, had and maintained the dam at the time of the accident; that a publicly used path across the top of the dam led from a residential area on one side of the creek to a Community House on the other side...

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