Legal Opinion

C. W. Latimer, Jr. v. Sears Roebuck and Company

Court of Appeals for the Fifth Circuit

Decided November 29, 1960No. 18277_1PublishedCited by 25 opinions

1Opinion of the Court

WISDOM, Circuit Judge.

This appeal presents a problem in .statutory construction. The question for decision is whether Section 768.03, Florida Statutes, F.S.A., permits a parent to bring an action ex contractu for the death of his minor child. The decision turns on whether a 1953 Amendment to Section 768.01, the “Wrongful Death Act”, applies also to Section 768.03, the “Death of Minors Act”, thereby authorizing the plaintiff-appellant here to sue for damages for the death of his minor child allegedly caused by the defendant’s breach of implied warranty. 1 The district judge held that it did…

2Cases cited19 opinions

  1. Roschen v. WardSupreme Court of the United States · 1929
  2. Davis v. Florida Power Co.Supreme Court of Florida · 1912
  3. Graham v. A. Lusi, Limited. The Novarchos KoundouriotisCourt of Appeals for the Fifth Circuit · 1953
  4. Klepper v. BreslinSupreme Court of Florida · 1955
  5. Ellis v. BrownSupreme Court of Florida · 1955

14 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. United Shoe Workers of America, Afl-Cio v. Catherine Bedell, ChairmanCourt of Appeals for the D.C. Circuit · 1974
  2. Geohagan v. General Motors Corp.Supreme Court of Alabama · 1973
  3. Stokes v. Liberty Mutual Insurance CompanySupreme Court of Florida · 1968
  4. Dagley v. Armstrong Rubber Co.Court of Appeals for the Seventh Circuit · 1965
  5. Ramapo Bank v. CampCourt of Appeals for the Third Circuit · 1970

20 more not listed; retrieve them via the Exa API.

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