DAVIS v. JOHNSON

No. 72-959.

288 So.2d 554 (1974)

Richard M. DAVIS, a Minor, by His Father and Next Friend, Richard E. Davis and Richard E. Davis, Individually, Appellants, v. Michael R. JOHNSON, Appellee.

District Court of Appeal of Florida, Second District.

January 25, 1974.


Attorney(s) appearing for the Case

Edward D. Carlson, of Carlson & Meissner, Clearwater, for appellants.

Douglas J. Loeffler, of Fox, Burton, George & Loeffler, Clearwater, for appellee.


PER CURIAM.

Appeal is taken in this negligence action from a summary judgment in favor of the defendant-appellee Johnson. We reverse.

The appellant minor, a passenger on a motorcycle, was injured when the motorcycle collided with a cow which was running at large near the defendant's property. The proof that the defendant owned the cow in question was circumstantial but the lower court conceded that ownership by the defendant could be inferred. The issue on...

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