Nielsen ex rel. Nielsen v. Carney Groves, Inc.

OVERSTREET, MURRAY, W., Associate Judge.

Plaintiffs-appellants sued defendant-ap-pellee for personal injuries sustained by the 10-year-old plaintiff, John C. Nielsen, on a dam across Phillipi Creek in Sarasota County, Florida. The Complaint alleged that defendant owned, had and maintained the dam at the time of the accident; that a publicly used path across the top of the dam led from a residential area on one side of the creek to a Community House on the other side; that the dam gates were manipulated by means of a hand wheel connected by shafts to an uncovered gear which in turn meshed with…