City of Williston v. Cribbs

82 So.2d 150 (1955)

CITY OF WILLISTON, Appellant,

v.

Lillie Allie CRIBBS, a widow, Appellee.

Supreme Court of Florida. En Banc.

July 27, 1955.

Rehearing Denied September 15, 1955.

J. Frank West, Williston, and Scruggs & Carmichael, Gainesville, for appellant.

Lazonby, Dell, Graham & Mills, Gainesville, for appellee.

HOBSON, Justice.

The history and the facts of this case are stated in the opinion prepared by Mr. Associate Justice Patterson.

This court long ago adopted the rule that ordinarily the defenses of contributory negligence, Atlantic Coast Line R. Co. v. Gary, Fla., 57 So.2d 10, and assumption…