Legal Opinion · Dissent

City of St. Petersburg v. Shannon

District Court of Appeal of Florida

Decided October 23, 1963No. 3668Published

1DissentSmith, Chief Judge

I am of the view that the lower court was correct in concluding that the amended complaint failed to state a cause of action. Obviously, the plaintiffs alleged facts showing that the defendant negligently operated his motor vehicle; but the question remains as to whether such alleged negligence was shown by allegations of the amended complaint to be the proximate cause of the plaintiffs’ injuries.

In the first count of the amended complaint, it is merely alleged that the defendant was negligent in driving his automobile at a very high rate of speed in an attempt to avoid capture; that the…

2Cases cited13 opinions

  1. Pinkerton-Hays Lumber Company v. PopeSupreme Court of Florida · 1961
  2. Pope v. Pinkerton-Hays Lumber Co.District Court of Appeal of Florida · 1960
  3. Kaufman v. City of TallahasseeSupreme Court of Florida · 1922
  4. Maxwell v. City of MiamiSupreme Court of Florida · 1924
  5. Hutchinson v. LottDistrict Court of Appeal of Florida · 1959

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