(DOWNLOAD) "State Ex Rel. Sagonias v. Bird" by En Banc. Supreme Court of Florida * eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Sagonias v. Bird
- Author : En Banc. Supreme Court of Florida
- Release Date : January 27, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The plaintiff appeals from a summary final judgment for the defendant. The action sought damages for a personal injury. The complaint charged that the defendant negligently constructed or maintained its power lines so as to proximately cause the injuries of the plaintiff. The answer denied all the material allegations of the complaint and pleaded the affirmative defenses of contributory negligence and sole negligence on the plaintiffs part. The record presented is lengthy, consisting of some 393 pages. It includes nine affidavits and seven depositions representing the expected testimony at trial of fifteen witnesses. The appellant urges that the granting of defendants motion for summary judgment was error. Based upon a holding that the record does not affirmatively show there is no genuine issue as to any material fact and does not affirmatively show that the defendant is entitled to a judgment as a matter of law, the summary final judgment is reversed and the cause remanded for a trial.