Shamhart v. Morrison Cafeteria Company
Supreme Court of Florida
1DissentBarns, J.
I regret that I am compelled to dissent to the Court’s opinion prepared by Mr. Justice ADAMS.
I am unable to conclude that Morrison Cafeteria is doing anything wrong toward plaintiff.
It is a maxim of law that one should so use his property as to not injure another but every inconvenience, discomfort, and annoyance is not a nuisance.
The annoyance to the plaintiff is not from the restaurateur but from the public who are the patrons apparently because of the excellent qualities of the food served.
I fail to see that Morrison Cafeteria has done more than use its property as others in like…
2Cases cited2 opinions
- Paty v. Town of Palm BeachSupreme Court of Florida · 1947
- Davis v. StropleSupreme Court of Florida · 1947