JOHN M. ACKERMAN AND MILDRED ACKERMAN, HUSBAND AND WIFE, ET AL., APPELLANTS,
v.
BOARD OF COUNTY COMMISSIONERS ET AL., APPELLEES
JOHN M. ACKERMAN AND MILDRED ACKERMAN, HUSBAND AND WIFE, ET AL., APPELLANTS,
BOARD OF COUNTY COMMISSIONERS ET AL., APPELLEES
115 So. 2d 414
Florida Supreme Court (1959)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Affirmed.
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Citator
Cited By
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Anne E. Nance v. Winn Dixie Stores, Inc., 436 So. 2d 1075 (Fla. 3d DCA 1983)…71 So. 2d 212 (Fla. 3d DCA 1979); Marlowe v. Food Fair Stores of Florida, Inc., 284 So. 2d 490 (Fla. 3d DCA 1973), cert. denied, 291 So. 2d 205 (Fla.1974); Food Fair Stores of Florida, Inc. v. Moroni, 113 So. 2d 275 (Fla. 2d DCA 1958), cert. denied, 115 So. 2d 414 (Fla.1959). It is equally well settled that a plaintiff may use evidence of the occurrence or non-occurrence of prior or subsequent accidents to prove constructive notice of the dangerous character of a condition. Perret v. Seaboard Coast Line Rai…
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Farley v. Everett A. Collins ad litem of the Estate of Elonzo P. Dann, Jr., 146 So. 2d 366 (Fla. 1962)…Man proviso should be strictly construed and limited to its narrowest application. By applying this rule we reduce to a minimum the restrictions on the broader remedial statute. Day v. Stickle, Fla.App., 113 So. 2d 559, 80 A.L.R.2d 1291, cert. den. 115 So. 2d 414; Harper v. Johnson, Tex. 1961, 345 S.W. 2d 277; Jones on Evidence (5th Ed.) Vol. 3, Section 774, page 1440; Wigmore on Evidence (3rd Ed. 1940), Section 578. With a view to the rules of statutory construction and the historical background [*369] of…