City of Miami v. McCorkle Ex Rel. Brown

On writ of error we review judgment in favor of the plaintiff rendered in a suit for damages resulting from a collision between a hook and ladder truck of the defendant municipality and an automobile in which plaintiff was riding.

Plaintiff in error presents four questions for our consideration, as follows:

"First Question:

"Even though the declaration charges a municipality with 'a persistent habit and habitual custom' of being negligent in the operation of fire-fighting equipment, is the municipality liable when the evidence offered at the trial relates only to a single time and place…