Legal Opinion

Smoak v. City of Tampa

Supreme Court of Florida

Decided April 14, 1936PublishedCited by 6 opinions

1Opinion of the CourtTerrell, J.

This writ of error is to be a'final' judgment for defendant, on demurrer to a declaration seeking to recover damages for personal injuries incurred by plaintiff in error in falling from an automobile truck used by defendant in error for hauling garbage. Plaintiff in error was employed as a laborer on the truck and recovery is sought on the theory that a ladder, steps, or some other contrivance, was not provided for getting on and alighting from it. The demurrer to the declaration having been sustained and defendant refusing to amend, final judgment was entered and writ of error was prosecuted…

2Cases cited5 opinions

  1. City of Pass Christian v. Fernandez ex rel. FernandezMississippi Supreme Court · 1911
  2. Ryan v. NobleSupreme Court of Florida · 1928
  3. City of Tallahassee v. KaufmanSupreme Court of Florida · 1924
  4. Chardkoff Junk Co. v. City of TampaSupreme Court of Florida · 1931
  5. Zeilmann v. McCulloughSupreme Court of Pennsylvania · 1906

3Cited by6 opinions

  1. Elrod v. City of Daytona BeachSupreme Court of Florida · 1938
  2. Avey v. City of West Paim BeachSupreme Court of Florida · 1943
  3. Ballard v. City of TampaSupreme Court of Florida · 1936
  4. City of Miami v. OatesSupreme Court of Florida · 1942
  5. Bennett Electric Co. v. Village of Miami ShoresDistrict Court, S.D. Florida · 1998

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