Janes v. City of Tampa

Citations

• 52 Fla. 292

Syllabus

<p>1. Where two causes combine to produce an injury, both in their nature proximate, the one being a defect in a city street and the other some accident for which neither party is responsible, such as the accident of a horse running away beyond control, the city is liable, provided the plaintiff was not at fault and the injury would not have been sustained but for the defect in the street. There can be no recovery if the accident be caused by the unskillfulness or want of care of the plaintiff or his driver, or if it can be shown that the plaintiff by any want of care directly caused the accident.</p> <p>2 An allegation that the city wrongfully and negligently permitted lumber, brick, stone and building materials to occupy more than was necessary, to wit: More than pne-half of one street and a large portion of another street at the intersection of the two streets, and to so remain after the city had notice thereof and during the nignt, without being enelosea with any fence and without any lighted lanterns or other sufficient protection . or signals placed thereon or about the same to guard such lumber, brick, stone and building materials or to denote the presence thereof, and that plaintiff’s team during the night time, becoming frightened by the whistle of a locomotive, became temporarily unmanageable by reason of such obstruction of the street, and came in contact with and struck upon and against such lumber, brick, stone and building materials, and by reason thereof plaintiff’s horse was killed and another injured without fault or negligence on the part of the plaintiff, states a cause of action, since if the injury would not have been sustained but for the obstruction in the street caused by the negligence of the city, and there was no negligence or fault .on the part of the plaintiff or his servant, the city is liable.’</p>