Legal Opinion

City of Miami v. Mulholland

District Court of Appeal of Florida

Decided December 13, 1963No. 63-193PublishedCited by 1 opinion

1Opinion of the Court

CARROLL, Judge.

The appellee Elizabeth Mulholland was injured when she fell on a sidewalk bordering Biscayne Boulevard in the City of Miami. She and her husband sued the city and recovered a verdict and judgment. The city has appealed. We affirm the judgment.

The evidence adduced was sufficient to support a conclusion by the jury that the sidewalk was defective and that the city was negligent in the maintenance thereof. The city argues it was not responsible for the condition of the sidewalk because it was within a state road right of way. Cf. Leialoha v. City of Jacksonville, Fla. 1953, 64…

2Cases cited3 opinions

  1. Moleske v. MacDonaldSupreme Court of Connecticut · 1929
  2. The City of Miami v. Western Shipping and Trading Company, IncorporatedCourt of Appeals for the Fifth Circuit · 1956
  3. Leialoha v. City of JacksonvilleSupreme Court of Florida · 1953

3Cited by1 opinion

  1. Bush v. City of MiamiDistrict Court of Appeal of Florida · 1965

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