Mckinney v. Adams

• Decision Date: 06 November 1914
• Citation: 68 Fla. 208,66 So. 988
• Parties: McKINNEY v. ADAMS.
• Court: Florida Supreme Court

66 So. 988

68 Fla. 208

McKINNEY v. ADAMS.

Florida Supreme Court

November 6, 1914

Error to Circuit Court, Duval County; Geo. Cooper Gibbs, Judge.

Action by Louise McKinney, as administratrix of the estate of Mary Proctor, deceased, against W. H. Adams. Judgment for defendant, and plaintiff brings error. Reversed.

Syllabus by the Court

SYLLABUS

Under the laws of this state an action may be maintained against a person who operates or maintains a bathhouse where bathing suits are furnished for hire, at the seaside resorts in the state, for negligence in failing to maintain proper and safe life lines and life rafts for the protection of his patrons when the patrons who are not guilty of contributory negligence are injured as a proximate result of the negligence of such operator or his agents.

COUNSEL

Bryan & Carson and J. M. Carson, all of Jacksonville, for plaintiff in error.

John C Cooper & Son, of Jacksonville, for defendant in error. The declaration herein is as follows:

'Louise McKinney, as administratrix of the estate of Mary E. Proctor, deceased, plaintiff, by her attorneys, in this the first count of her second amended declaration, sues W. H. Adams, defendant, for that heretofore, on, to wit, July 7, A. D. 1912, the said defendant was operating and maintaining a certain public bathhouse and bathing pavilion where bathing suits were furnished for hire or rent at Pablo Beach, a seaside resort in the state of Florida, situated in the county of Duval and state of Florida; that the defendant had exclusive control and management of said bathhouse and bathing pavilion; that said bathhouse and bathing pavilion was situated at or near the waters of the Atlantic Ocean at said Pablo Beach; that said defendant extended an invitation to the public to rent from him bathing suits and to avail themselves of the dressing room and kindred facilities of the defendant at said pavilion, that the waters of the Atlantic Ocean, situated directly in front of said pavilion and bathhouse and extending up and down the beach for a space of a few hundred feet on either side of said point directly in front of said bathhouse and pavilion, were the facilities for bathing which the defendant offered to the patrons of his bathhouse and bathing pavilion; that said defendant by renting said bathing suits, invited such members of the public as rented bathing suits from him, to avail themselves of the facilities aforementioned for bathing and to bathe in the waters of the Atlantic Ocean in front of and adjacent to the said pavilion as aforesaid; that said waters aforesaid were the waters customarily used by the patrons of said bathhouse, which the defendant well knew; that on, to wit, July 7, A. D. 1912, one Mary E. Proctor, did rent from the said defendant a bathing suit for a valuable consideration in that behalf; that it was the intention of the said Mary E. Proctor, which the defendant then and there will knew, then and there to bathe in the waters of the Atlantic Ocean adjacent to which the defendant's said bathhouse and bathing pavilion was located, and which waters constituted the facilities for bathing offered to defendant's patrons as aforesaid; that thereupon the said Mary E. Proctor did bathe in said Atlantic Ocean adjacent to said bathhouse and bathing pavilion; that while so bathing the said Mary E. Proctor remained within the limit of the waters of said Atlantic Ocean which constituted defendant's facilities for bathing as aforesaid; that the defendant negligently and carelessly failed to provide and maintain proper and safe life lines and life rafts for the protection of the patrons of its patrons, bathers at the said seaside resort, contrary to the statutes of the state of Florida in such cases made and provided; that by reason thereof and by reason of the carelessness and negligence of the defendant the said Mary E. Proctor was then and there drowned in the waters of the Atlantic Ocean near the bathhouse and bathing pavilion of the defendant, and while within the waters of the Atlantic Ocean in which the defendant invited its patrons to bathe; that the said Mary E. Proctor died leaving neither husband nor minor child or children, nor any person or persons dependent upon her, the said Mary E. Proctor, for support; that the said Louise McKinney, plaintiff, was heretofore, on, to wit, the 17th day of July, 1912, duly appointed as administratrix of the estate of Mary E. Proctor.

'Wherefore, the plaintiff brings this her suit and claims $50,000 damages.

'(2) And the plaintiff, by her attorneys in this the second count of her second amended declaration, sues W. H. Adams, defendant, for that heretofore, on, to wit, July 7, A. D. 1912, the said defendant was operating and maintaining a certain public bathhouse and bathing pavilion where bathing suits were furnished for hire or rent at Pablo Beach, a seaside resort in the state of Florida, situated in the county of Duval and state of Florida; that the defendant had exclusive control and management of said bathhouse and bathing pavilion; that said bathhouse and bathing pavilion was situated at or near the waters of the Atlantic Ocean at said Pablo Beach; that said defendant extended an invitation to the public to rent from him bathing suits and to avail themselves of the dressing rooms and kindred facilities of the defendant at said pavilion; that the waters of the Atlantic Ocean situated directly in front of said pavilion and bathhouse and extending up and down the beach for a space of a few hundred feet on either side of said point directly in front of said bathhouse and pavilion were the facilities for bathing which the defendant offered to the patrons of his bathhouse and bathing pavilion; that said defendant by renting said bathing suits, invited such members of the public as rented bathing suits from him to avail themselves of the facilities aforementioned for bathing and to bathe in the waters of the Atlantic Ocean in front of and adjacent to the said pavilion as aforesaid; that said waters aforesaid were the waters customarily used by the patrons of said bathhouse, which the defendant well knew; that on, to wit, July 7, A. D. 1912, one Mary E. Proctor did rent from said defendant a bathing suit for a valuable consideration in that behalf; that it was the intention of the said Mary E. Proctor, which the defendant then and there well knew, then and there to bathe in the waters of the Atlantic Ocean adjacent to which the defendant's said bathhouse and bathing pavilion was located, and which waters constituted the facilities for bathing offered to defendant's patrons as aforesaid; that thereupon the said Mary E. Proctor did bathe in said Atlantic Ocean adjacent to said bathhouse and pavilion; that while so bathing the said Mary E. Proctor remained within the limit of the waters of said Atlantic Ocean which constituted defendant's facilities as aforesaid; that the defendant negligently and carelessly failed to provide suitable and proper persons to superintend and watch over bathing in the waters customarily used by the patrons of said bathhouse, and in which waters deceased was bathing, and to watch over and superintend its (defendant's) patrons who were bathing in such waters; that by reason thereof and by reason of the carelessness and negligence of the defendant the said Mary E. Proctor was then and there drowned in the waters of the Atlantic Ocean near the bathhouse and bathing pavilion of the defendant and while within the waters of the Atlantic Ocean in which the defendant invited its patrons to bathe; that the said Mary E. Proctor died leaving neither husband nor minor child or children nor any person or persons dependent upon her, the said Mary E. Proctor, for support; that the said Louise McKinney, plaintiff, was heretofore on, to wit, the 17th day of July, 1912, duly appointed as administratrix of the estate of Mary E. Proctor.

'Wherefore the plaintiff brings this her suit, and claims $50,000 damages.

'(3) And the plaintiff by her attorneys in this the third count of her second amended declaration sues W. H. Adams, defendant for that heretofore, on, to wit, July 7, A. D. 1912, the said defendant was operating and maintaining a certain public bathhouse and bathing pavilion where bathing suits were furnished for hire or rent at Pablo Beach, a seaside resort in the state of Florida, situated in the county of Duval and state of Florida; that the defendant had exclusive control and management of said bathhouse and bathing pavilion; that said bathhouse and bathing pavilion was situated at or near the waters of the Atlantic Ocean at said Pablo Beach; that said defendant extended an invitation to the public to rent from him bathing suits and to avail themselves of the dressing room and kindred facilities of the defendant at said pavilion; that the waters of the Atlantic Ocean situated directly in front of said pavilion and bathhouse and extending up and down the beach for a space of a few hundred feet on either side of said point directly in front of said bathhouse and pavilion were the facilities for bathing which the defendant offered to the patrons of his bathhouse and pavilion; that said defendant by renting said bathing suits invited such members of the public as rented bathing suits from him to avail themselves of the facilities aforementioned for bathing and to bathe in the waters of the Atlantic Ocean in front of and adjacent to the said pavilion as aforesaid; that said waters aforesaid were the waters customarily used by the patrons of said bathhouse, which the defendant well knew; that on, to wit, July 7, A. D. 1912, one Mary E. Proctor did rent from the said defendant a bathing suit for a valuable consideration in that behalf, that it was the intention of...