COCKERHAM v. R.E. VAUGHAN, INC.


82 So.2d 890 (1955)

Michael COCKERHAM, a minor, by Quentin Cockerham, as his next friend, and Quentin Cockerham, Appellants, v. R.E. VAUGHAN, Inc., a Florida corporation, Appellee.

Supreme Court of Florida. En Banc.

Rehearing Denied November 7, 1955.


Attorney(s) appearing for the Case

Von Zamft & Kravitz, Miami, and Truett & Watkins, Tallahassee, for appellants.

Blackwell, Walker & Gray, Miami, for appellee.


DREW, Chief Justice.

In this tort action the appellant, a 2 1/2 year old child, sought damages for injuries sustained when he fell into a hold 6' x 5' x 6' existing on land of another. He alleged among other things that the appellee dug the hole to install a septic tank pursuant to a contract for that with the owner of the land and negligently left the same wholly unprotected for several weeks with notice or knowledge that small children were attracted thereto.

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