Moran v. General Telephone Co. of the Southwest

In determining the standard of care of a reasonably prudent man to see obstructions in his path, the majority has followed cases (Kuhn and Youngblood, infra) where the pedestrian was not (as plaintiff was) engaged in checking traffic for an opportunity to cross a heavily trafficked street.

I could agree if this accident occurred on private property as in Kuhn v. Oulliber, 225 So.2d 317 or where plaintiff knew about the hazard on the sidewalk as in Young-blood v. Newspaper Production Company, 158 So.2d 432. But this accident occurred on the main street of the City’s business district where…