DAVIS v. CITY OF JACKSONVILLE BEACH, FLORIDA

No. 65-15-Adm-J.

251 F.Supp. 327 (1965)

Roland E. DAVIS, a minor, etc., et al., Libelants, v. CITY OF JACKSONVILLE BEACH, FLORIDA, a municipal corporation, and Dean Cowan, Respondents.

United States District Court M. D. Florida, Jacksonville Division.

December 2, 1965.


Attorney(s) appearing for the Case

Barton, Burwell & Harris, Gainesville, Fla., for libelants.

C. C. Howell, of Howell, Dawson, Galant, Maddox & Sulik, Jacksonville, Fla., for respondent City of Jacksonville Beach.

T. Malcolm Kirby, of Howell, Kirby, Montgomery, Sands & D'Aiuto, Jacksonville, Fla., for respondent Dean Cowan.


McRAE, District Judge.

This suit grew out of an accident occurring in the ocean off Jacksonville Beach, Florida, when a surfboard being ridden by respondent Dean Cowan crashed into libelant Roland E. Davis, who was swimming. Each respondent has filed a motion for "judgment on the pleadings," alleging that this action does not come within the admiralty jurisdiction.

It is not necessary to reach the novel question whether a surfboard is a vessel. Although drawing...

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