Legal Opinion

Berger v. Nathan

Supreme Court of Florida

Decided July 3, 1953PublishedCited by 7 opinions

1Opinion of the Court

MATHEWS, Justice:

Three pedestrians while crossing a well-lighted street walked into the path of an automobile which they could easily have seen, but did not, and were struck when the driver did not see them, though he could have.

Three actions were brought but were consolidated for trial and the cases are now presented in one appeal from judgments in favor of the defendant.

In response to the charge that the plaintiffs’ injuries were solely caused by the negligence of the defendant in the operation of his motorcar, the defendant pleaded that the plaintiffs’ negligence was the lone, as well as…

2Cases cited5 opinions

  1. MacGregor v. HosackSupreme Court of Florida · 1952
  2. Greiper v. Coburn, Et VirSupreme Court of Florida · 1939
  3. Green v. Atlantic Co.Supreme Court of Florida · 1952
  4. Howland v. CatesSupreme Court of Florida · 1949
  5. Camp Phosphate Co. v. StokesSupreme Court of Florida · 1949

3Cited by7 opinions

  1. Sears Roebuck & Co. v. JacksonDistrict Court of Appeal of Florida · 1983
  2. Bishop v. WatsonDistrict Court of Appeal of Florida · 1979
  3. Park v. Belford Trucking Co.District Court of Appeal of Florida · 1964
  4. Rose's Stores, Inc. v. MasonDistrict Court of Appeal of Florida · 1976
  5. Smith v. McCullough Dredging Co.District Court of Appeal of Florida · 1963

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