City of Orlando v. Montfort

WALDEN, Chief Judge.

ON PETITION FOR REHEARING

We granted the petition for rehearing presented by appellant, City of Orjando. Upon reconsideration we are persuaded that our initial opinion, filed on September 8, 1966, was erroneous. The new conviction herein expressed is that the judgment appealed must be reversed.

This was a negligence suit with the gravamen of plaintiff’s complaint being that the city “did so negligently and carelessly maintain and control its streets as to cause, permit and allow two depressions in the pavement * * * at a depth and width dangerous and unsafe for vehicular…