# Barth v. City of Miami

> Supreme Court of Florida · April 8, 1941 · 146 Fla. 542

URL: https://www.frixlaw.com/law-library/cases/3393259

## Case

- **Full name:** O. W. Barth v. City of Miami.
- **Court:** Supreme Court of Florida
- **Decided:** April 8, 1941
- **Citations:** 146 Fla. 542; 1 So. 2d 574; 1941 Fla. LEXIS 1187
- **Precedential status:** Published
- **Opinion:** Dissent by Brown
- **Judges:** Adams, Brown, Buford, Chapman, Terrell, Thomas, Whitfield
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3393259

## Opinion text

Brown, C. J.
(dissenting). — My view is that this case was correctly decided on July 12, 1940, under the status of the law as it then existed. In my opinion, the case of City of Tampa, v. Easton, cited in the above opinion, extended and widened the domain of municipal liability, and correctly so, but that opinion and decision should not be given a retrospective effect so as to affect our judgment of affirmance in this case which was rendered some months previously.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3393259. Public record. Not legal advice.