Brownell v. City of St. Petersburg
Court of Appeals for the Fifth Circuit
1DissentMcCORD, Circuit Judge
I think the judgment should be affirmed.
The case was tried by the court without a jury, and special findings of fact and conclusions of law were entered. Under Rule 52 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, the findings of fact are not to be set aside “unless clearly erroneous”. The court below found [38 F.Supp. 1003, 1006] “that the improvements so installed upon Broadmoor Subdivision, then being the property of the plaintiff, were of substantial benefit to plaintiff, Spencer Brownell”; and “that said improvements were of no practical benefit to the…
2Cases cited1 opinion
- Brownell v. City of St. PetersburgDistrict Court, S.D. Florida · 1941