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Pettigrew v. Nite-Cap

Pettigrew v. Nite-Cap, 63 So. 2d 492 (Fla. 1953)
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Court
Supreme Court of Florida · State Highest Courts
Decided
February 27, 1953
Judges
Drew
Citations
63 So. 2d 4921953 Fla. LEXIS 1121
Cited by 18

Opinion

63 So.2d 492 (1953)

PETTIGREW et al.

v.

NITE-CAP, Inc.

Supreme Court of Florida, Division B.

February 27, 1953. Rehearing Denied March 26, 1953.

Francis K. Buckley and Miller & Miller, Fort Lauderdale, for appellants.

Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellee.

DREW, Justice.

About eleven o'clock in the evening appellant Jennie R. Pettigrew was injured when she walked into a large plate glass door at the entrance of appellee's restaurant. She alleged the lighting inside the premises and the clear colorless glass door, void of markings or handles or other visible objects thereon, rendered the door invisible to such an extent that she did not see it and that the maintenance of such door in the condition described constituted negligence, and that such negligence was the cause of appellant's injury.

Appellant's testimony showed that the door was of clear glass but that there was a wide metal strip on the top and bottom of the door and a lucite handle located in the usual place on the door with black knobs at the top and bottom to hold it in place.

At the close of appellant's case the lower court directed a verdict for the appellee, final judgment was entered and this appeal followed.

*493 The handle, knobs and metal strip on the door were plainly visible and the door was located at the place a door would naturally be expected. It is clear to us that the sole proximate cause of plaintiff's injury was her failure to see that which, by the exercise of reasonable care, she should have seen. See Rosenberg v. Hartman, 313 Mass. 54 , 46 N.E.2d 406 .

Affirmed.

HOBSON, C.J., and THOMAS and ROBERTS, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 18 cases

View all citing references →
1956: 11957: 21958: 11959: 21960: 21963: 11964: 41965: 21966: 11970: 219562026peak 1964 · 4

Relies on it most ⓘ

  1. Isenberg v. Ortona Park Recreational Center, Inc.160 So. 2d 132 (Fla. Dist. Ct. App. 1964)
  2. McCain v. Bankers Life and Casualty Co.110 So. 2d 718 (Fla. Dist. Ct. App. 1959)
  3. Kagan v. Eisenstadt98 So. 2d 370 (Fla. Dist. Ct. App. 1957)
  4. Bashaw v. Dyke122 So. 2d 507 (Fla. Dist. Ct. App. 1960)
  5. Dukek v. Farwell, Ozmun, Kirk & Co.80 N.W.2d 53 (Minn. 1956)
  6. Brown v. Alabama Foods, Inc.190 A.2d 257 (D.C. 1963)

Most recent

  1. Giordano v. Mariano271 A.2d 20 (N.J. Super. Ct. App. Div. 1970)
  2. James J. Dvorak v. Holiday Inns of America, Inc.429 F.2d 54 (5th Cir. 1970)
  3. Waugh v. Duke Corporation248 F. Supp. 626 (M.D.N.C. 1966)
  4. Helen McKey Administratrix of the Estate of Agnes Littlejohn v. Kenneth Fairbairn345 F.2d 739 (D.C. Cir. 1965)
  5. Winthrop v. 1600 16TH STREET CORPORATION208 A.2d 624 (D.C. 1965)
  6. Peppermint Twist, Inc. v. Wright ex rel. Wright169 So. 2d 330 (Fla. Dist. Ct. App. 1964)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Rosenberg v. Hartman, 46 N.E.2d 406 (Mass. 1943) 27
Jeffry Corp. v. City of Miami Beach, 63 So. 2d 492 (Fla. 1953) 1

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