Legal Opinion · Dissent

Shamhart v. Morrison Cafeteria Company

Supreme Court of Florida

Decided October 28, 1947Published

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

  1. Paty v. Town of Palm BeachSupreme Court of Florida · 1947
  2. Davis v. StropleSupreme Court of Florida · 1947

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