SWEET v. JOSEPHSON

No. 33738.

173 So.2d 444 (1965)

Nelan SWEET, Petitioner, v. Florence JOSEPHSON, Respondent.

Supreme Court of Florida.

March 31, 1965.


Attorney(s) appearing for the Case

Fred C. Davant and Wicker, Smith, Blomqvist, Hinckley & Davant, Miami, for petitioner.

Harvey P. Albert and Kenneth L. Ryskamp, Miami, for respondent.


THOMAS, Justice.

The respondent was attacked by the petitioner's dog and knocked to the pavement of a public way receiving injury though she was not bitten by the animal. The trial judge entered a summary judgment in favor of the defendant, petitioner, as he entertained the view that since Sec. 767.01, F.S.A., had been repealed by Sec. 767.04, F.S.A., the plaintiff was relegated to the Common Law and under it there could be no recovery unless the owner was aware of...

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