March 14, 2013
- 48A Automobiles
- 48AV Injuries from Operation, or Use of Highway
- 48AV(B) Actions
- 48Ak236 Pleading
- 48Ak238 Declaration, Complaint, or Petition
- 48Ak238(3) k. Negligence in General.
In action for injuries to passenger in automobile which, while stopped at intersection, was struck from the rear by automobile of defendant whose attention was diverted by clowns who were performing at filling station of co-defendants, co-defendants’ demurrer was properly sustained since the act of causing clowns to perform near a highway did not constitute breach of duty to persons traveling on highway.
Thompson v. White, 149 So. 2d 797 (1963)