Legal Opinion

Avey v. City of West Paim Beach

Supreme Court of Florida

Decided April 9, 1943PublishedCited by 21 opinions

1Opinion of the Court

CHAPMAN, J.:

The sole question presented on this record for adjudication is whether a municipal corporation is guilty of negligence and liable for damages when it permits or allows its “stop and go” traffic light system to remain out of order and an injury is caused thereby. The trial court entered judgment on demurrer for the defendant below, thereby holding that the operation of the “stop and go” traffic light by the municipality was a governmental function rather than a corporate function and the legal obligation resting on the municipality of keeping its streets and sidewalks in a…

2Cases cited11 opinions

  1. Kaufman v. City of TallahasseeSupreme Court of Florida · 1922
  2. City of Tallahassee v. KaufmanSupreme Court of Florida · 1924
  3. Kirk v. City of MuskogeeSupreme Court of Oklahoma · 1938
  4. City of Tampa v. EastonSupreme Court of Florida · 1940
  5. Ballard v. City of TampaSupreme Court of Florida · 1936

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

3Cited by21 opinions

  1. Town of Fort Oglethorpe v. PhillipsSupreme Court of Georgia · 1968
  2. Cauley v. City of JacksonvilleSupreme Court of Florida · 1981
  3. City of Green Cove Springs v. Yvonne DonaldsonCourt of Appeals for the Fifth Circuit · 1965
  4. City of Tampa v. DavisDistrict Court of Appeal of Florida · 1969
  5. Parson v. Texas CityCourt of Appeals of Texas · 1953

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

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