City of Tallahassee v. Kaufman

• Decision Date: 14 February 1924
• Citation: 87 Fla. 119,100 So. 150
• Parties: CITY OF TALLAHASSEE v. KAUFMAN.
• Court: Florida Supreme Court

100 So. 150

87 Fla. 119

CITY OF TALLAHASSEE v. KAUFMAN.

Florida Supreme Court

February 14, 1924

Error to Circuit Court, Leon County; E. C. Love, Judge.

Action by H. R. Kaufman against the City of Tallahassee. Judgment for plaintiff, and defendant brings error.

Affirmed.

Syllabus by the Court

SYLLABUS

Operation of motor vehicles on public highways recklessly or at unreasonable speed denounced by statute. The state law forbids the operation of motor vehicles on the public highways of the state recklessly or at a greater rate of speed than is reasonable and proper, having due regard to the traffic and use of the highways, so as to endanger the property or life or limb of any person, and provides penalties for violations of the law.

Municipality operating fire department liable for injuries by negligent operations on streets amounting to nuisance. Whether the operation of a fire department by the city may be technically denominated a governmental or a corporate function, the rule in this state is that a municipality is liable for the injuries caused by negligence in not keeping its streets in a reasonably safe condition for lawful uses, and for injuries caused by negligent operations or conditions upon the streets that amount to a nuisance.

Operation of fire equipment on streets not governmental function exempting city from liability for injuries. The operation upon the public streets of an automobile as a part of the fire extinguishment equipment of a city is not such an essentially or exclusively governmental function as to exempt the city from liability for injuries to persons lawfully using the streets, when such injuries are solely caused by the grossly negligent manner in which the automobile is operated upon the streets on which persons are lawfully traveling on foot or in permissible vehicles.

Municipality liable for reckless driving of fire equipment. Reckless driving of fire trucks on the streets of a city is manifestly not essential to efficiency in fire fighting, and such conduct needlessly and unreasonably and consequently unlawfully impairs the private rights of those who are lawfully upon the streets with their property. Such conduct renders the streets unsafe, and, when permitted by the city liability of the city may arise therefrom, if persons and property lawfully on the street are injured in consequence thereof.

COUNSEL

Myers & Myers, of Tallahassee, for plaintiff in error.

W. C Hodges and Fred H. Davis, both of Tallahassee, for defendant in error.

OPINION

PER CURIAM.

An action was brought to recover damages from the city for personal injuries received by the plaintiff while on the sidewalk, and alleged to have been caused by a trailer on wheels attached to one of the city's fire trucks, which trailer it is alleged was of such length and construction that in turning corners of streets said trailer and its appurtenances would habitually sweep over and across adjacent sidewalks to the danger of the life and limb of pedestrians on the sidewalks. The court sustained a demurrer to the declaration and rendered judgment for the defendant city. On writ of error the judgment was reversed. Kaufman v. City of Tallahassee, 84 Fla. 634, 94 So. 697. At another trial judgment was rendered for the plaintiff, and the city took this writ of error.

The declaration contains the following:

'That at the time of the acts hereinafter complained of and for a long time prior thereto, said city of Tallahassee, Fla had and did knowingly, willfully, and unlawfully keep and maintain as a part of its said fire-fighting apparatus, for use in said city in fighting fires therein, a certain dangerous nuisance, to wit, a trailer on wheels attached to one of its fire trucks and drawn thereby, which said trailer, when operated over and along the streets of Tallahassee, Fla., aforesaid by said city, through its agents and servants, was a constant menace and source of danger to pedestrians lawfully walking along the sidewalks in said city, reserved by it for the exclusive use and protection of pedestrians from vehicle and animal traffic, in that said trailer so attached to said fire-fighting apparatus of said city was of such length, construction, and size that, in attempting to turn around the corners of streets in said city said trailer and its appurtenances would habitually sweep over and across the adjacent sidewalks to the danger of the life and limb of pedestrians thereon, and thereby be and remain a constant source of menace and danger to all pedestrians lawfully using said sidewalks in the vicinity where said fire apparatus and attached trailer was being operated, on that portion of the streets of said city devoted and reserved for animal and vehicle traffic; all of which the said city of Tallahassee, Fla., then and there well knew and unlawfully, willfully, and knowingly permitted to exist and remain for a long time prior to and at the time of the acts hereinafter complained of; that it became and was the duty of said defendant, in the exercise of its corporate authority and the power given it by its charter to prevent and abate nuisances, to prevent and abate the operation and maintenance within its corporate limits of all manner of nuisances endangering the life and safety of pedestrians lawfully walking along its sidewalks where they had the right to rely on being safe and secure in their life and limbs while maintaining their usual and ordinary lawful use thereof, including the duty to prevent and abate the said certain dangerous nuisance hereinbefore mentioned and described, to wit, said trailer on wheels attached to one of the city's fire trucks and drawn thereby, which said trailer, when so attached and operated over and along the streets of said city, would be and was a constant source of menace and danger to pedestrians on the city's sidewalks, in that said trailer was of such construction, length, and size that in attempting to turn around the corners of street in said city it and its appurtenances would habitually sweep over and across the adjacent sidewalks and endanger the life and limbs of pedestrians, but that, notwithstanding its said duty in the premises, and notwithstanding the power given to said city by section 12 of chapter 6400, laws of Florida, 1911, to prevent and abate nuisances and its duty thereunder, said city of Tallahassee, Fla., the defendant herein, unlawfully, knowingly, and willfully did on, to wit, the 26th day of April, 1919, and for a long time prior thereto, fail and refuse to abate or prevent, or attempt to abate or prevent that certain dangerous nuisance in said city consisting of said trailer on wheels attached to the city's fire-fighting apparatus and drawn thereby, which said trailer when so attached and drawn and operated over and along the streets of said city would be and was a constant source of menace and danger to pedestrians on the city's sidewalks, in that said trailer was of such length, size and construction that in attempting to turn street corners in said city said trailer and its appurtenances would and did habitually sweep over and across the sidewalks adjacent thereto and endanger and menace the safety of the life and limb of pedestrians on said sidewalks where they had a right to be free from such danger and menace, but on the contrary did itself, through its corporate agents, officers, employees and servants actively maintain, keep, and operate the same with full knowledge of the premises and in willful disregard of its corporate powers and duties to

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