City of Miami v. Firth, 95 So. 573 (Fla. 1923). · Go Syfert
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City of Miami v. Firth, 95 So. 573 (Fla. 1923). Cases Citing This Book View Copy Cite
23 citation events across 3 distinct courts.
Strongest positive: Kelsey v. State (fladistctapp, 1982-03-15)
Treatment trajectory · 1923 → 2026 · click a year to view as-of
1923 1974 2026
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited "see, e.g." Kelsey v. State
Fla. Dist. Ct. App. · 1982 · signal: see, e.g. · confidence low
See, e.g., Hunter v. State, 378 So.2d 845 (Fla. 1st DCA 1979), and Hysler v. State, 85 Fla. 153 , 95 So. 573 (Fla. 1923).
Retrieving the full opinion text from the archive…
City of Miami, Florida, a Municipal Corporation, John J. Quinn, doing business as John J. Quinn & Company, and The Postal Telegraph-Cable Company, a Corporation, in Error
v.
Mary A. Firth, a Feme Sole, in Error
Supreme Court of Florida.
Feb 28, 1923.
95 So. 573
A. J. Rose, Hudson & Cason and E. B. Kurtz, for Plaintiffs in Error;, R. B. Gautier, for Defendant in Error.
Browne, Ellis, Taylor, West, Whitfield.
Cited by 3 opinions  |  Published
Per Curiam.

A writ of error was taken by the defendants to a judgment for $5000.00 as damages for injuries including a broken arm and other bruises sustained by the[*264] plaintiff by falling into an unguarded excavation in a street of the city. Technical defenses that might or might not have been available to the city were not duly interposed. There is evidence to sustain a verdict -for compensatory damages against the defendant, and no material or harmful errors appear except that the amount awarded as compensatory damages is manifestly excessive. If within thirty days after the filing of the mandate In the trial court, the plaintiff remits. $2500.00 of the damages awarded, the judgment will stand affirmed for $2500.00 otherwise the judgment will stand reversed for a new trial. Tampa Electric Co. v. Gaffga, 81 Fla. 268; 93 South. 148.

It is so ordered.

Taylor, C. J., and Whitfield, Ellis, Browne and West, J. J., concur.