Kirkland v. City of Gainesville

(dissenting). — I regret that I find myself unable to concur with the other members of the court in this case. As I see it, the facts' in this case present a defense which could have been made under the general issue; that is, that the death of the plaintiff’s husband was due, not to the negligence of the city, but if due to the negligence of anyone, it was due to his own negligence. Thus on page 92 of the transcript, the City Manager testified, not only that he employed Mr. Kirkland to take charge of the light and water departments, which included the duty of looking after the poles and…