Steinhardt v. Town of North Bay Village
| Decision Date | 23 May 1962 |
| Docket Number | No. 31503,31503 |
| Citation | 141 So.2d 737 |
| Parties | Milton STEINHARDT and Esther Steinhardt, his wife, Petitioners, v. TOWN OF NORTH BAY VILLAGE, a municipal corporation, Respondent. |
| Court | Florida Supreme Court |
Snyder, Young & Stern and Malcolm H. Fromberg, North Miami Beach, for petitioner.
Feibelman, Friedman, Hyman & Durant, and Paul G. Hyman, Miami, for respondent.
The petition for writ of certiorari reflected apparent jurisdiction in this Court. We issued the writ and have heard argument of the parties. After hearing argument and upon further consideration of the matter, we have determined that the petition is without merit. Therefore, the writ must be and is hereby discharged.
It is so ordered.
I agree that that portion of the complaint in this cause asserting that the negligence of the municipality consisting of employing untrained and incompetent firemen or, as the district court described it, 'failure to properly provide a city service' does not constitute actionable negligence under the Hargrove case 1 and that, therefore, as to that portion of the complaint the decision of the district court is not in conflict with the cited case. The complaint, however, also alleges negligence of the municipality arising out of the acts of its employees in 'dispatching a fire truck improperly equipped' 2 as a result of which plaintiffs' house and personal property were totally destroyed. Because of my inability to distinguish the negligence of the city alleged in that portion of the complaint appearing in the footnote from the negligence of the city alleged in the Hargrove case 'in leaving the jail unattended and the prisoner unprotected', I am forced to the conclusion that to that extent the decision of the district court is in direct conflict with the decision in that case. I would quash the district court's decision and remand with directions to set aside the action of the trial court dismissing the complaint and entering final judgment and to proceed further in accordance with these views.
2 The exact language of this paragraph of the complaint is as follows:
improved real property as above described. That the...
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