[Download] "Allen v. William P. Mcdonald Corporation" by En Banc. Supreme Court of Florida # eBook PDF Kindle ePub Free
eBook details
- Title: Allen v. William P. Mcdonald Corporation
- Author : En Banc. Supreme Court of Florida
- Release Date : January 08, 1949
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
TERRELL, Justice. The amended declaration, among other things, alleges that sometime prior to the 7th day of October 1947, defendant excavated the earth so as to construct an artificial lake or pond on its lands just outside the corporate limits of the City of Auburndale, that said pond was of varying depth with sloping banks of white sand, that it was within a few feet of the public highway in a settled community where there are many children of tender years, that said pond and its white sand banks was alluring to said children who congregated around it and played on its white sand banks and in its waters, that defendant negligently left the said pond open, unfenced, unguarded and unprotected, without signs or warnings of any character, that the plaintiff and his family lived in their home about 300 feet from said pond, that on the 8th day of October 1947, the infant child of the plaintiff, Kenneth Edward Allen, two and one half years old, without the knowledge of his parents was attracted to the white sand banks and water in said pond and lost his life by drowning, due solely to the negligence of the defendant in constructing said pond and leaving it unguarded. A demurrer to the amended declaration was sustained and final judgment was entered for the defendant. This appeal is from the final judgment.