HENDERSHOT v. KAPOK TREE INN, INC.

No. 67-154.

203 So.2d 628 (1967)

Harold E. HENDERSHOT, Appellant, v. The KAPOK TREE INN, INC., Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied December 1, 1967.


Attorney(s) appearing for the Case

Robert Orseck, of Podhurst & Orseck, and Nichols, Gaither, Beckham, Colson, Spence & Hicks, Miami, for appellant.

John T. Allen, Jr., of Harrison, Greene, Mann, Davenport, Rowe & Stanton, St. Petersburg, for appellee.


LILES, Chief Judge.

Appellant appeals from the trial court's dismissal with prejudice of appellant-plaintiff's second amended complaint.

Appellant's two-year-old son drowned in an artificial pond located within an ornamental garden which was owned and maintained by appellee. Appellant sued under Section 768.03, Florida Statutes, F.S.A., for the wrongful death of his son alleging that appellee created and maintained an attractive nuisance.

The sole...

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