ANITA L. GOSHKO, APPELLANT,

v.

S. COHEN AND M. LANSBERG, A CO-PARTNERSHIP, D/B/A DEAUVILLE HOTEL, APPELLEES

Citator

Cited By

• Prevatt v. Carter, 315 So. 2d 503 (Fla. 2d DCA 1975)
  …gence on the part of the appellee. In addition to proving ownership, the appellants, if they are to be successful, have the burden under the Warren Act to prove negligence of the appellee. This court has held in Hughes v. Landers, Fla.App.2d, 1968, 215 So. 2d 773, citing from the case of Lee v. Hinson, Fla.App.2d, 160 So. 2d 166, that: “ . . . The mere fact that the defendant’s horses were running at large upon the public highway does not justify an inference that the defendant intentionally, willfully, car…
• Landers v. Hughes, 225 So. 2d 916 (Fla. 1969)
  …Certiorari denied without opinion. 215 So. 2d 773.…
• Carnahan v. Norvell, 270 So. 3d 414 (Fla. 4th DCA 2019)
  …arge upon the public highway does not justify an inference that the defendant intentionally, willfully, carelessly or negligently permitted them to so run at large on the highway in violation of [the Warren Act]. See id. (quoting Hughes v. Landers, 215 So. 2d 773, 775 (Fla. 2d DCA 1968)) (alterations added). In Prevatt, the court determined that the appellant should have been permitted to introduce evidence that the appellee knew that his cows had gotten out of the same pasture before as evidence of appelle…

Authorities Cited

• Myers v. Korbly, 103 So. 2d 215 (Fla. 2d DCA 1958)
• Ford Motor Co. v. Cochran, 205 So. 2d 551 (Fla. 2d DCA 1967)
• Morton v. Hardwick Stove Co., 138 So. 2d 807 (Fla. 2d DCA 1961)
• Duncan v. Growers Equip. Co., 146 Fla. 516 (Fla. 1941)
• Tropical Chevrolet, Inc. v. G. A. C. Fin. Corp. OF Miami, 127 So. 2d 476 (Fla. 3d DCA 1961)
• Huff v. Belcastro, 127 So. 2d 476 (Fla. 3d DCA 1961)