Robert W. Simms v. Florence Kennedy

WHITFIELD, J. -- Defendant in error brought an action against Robert W. Simms to recover damages for personal injuries sustained by her as she passed along the sidewalk on a public street in Jacksonville, Florida, by the falling of a part of an awning overhanging the sidewalk and attached to a building belonging to Simms but occupied by another person under a lease from Simms. The first count of the declaration alleges in effect that on November 11, 1914, the defendant ""was the owner of a certain building and metal awning attached thereto and being a part thereof and extending over and above the public sidewalk in front and to the west side of the said building, situated on the northeast corner of Bay and Hogan Streets, in the City of Jacksonville, county and State aforesaid, that the defendant failed to keep the said awning in the proper repair, as he was bound to do, but negligently and carelessly allowed it, the said awning, to remain broken, in unrepair and in a dangerous condition to persons passing thereunder, that on the day aforesaid plaintiff was a pedestrian walking along the said public sidewalk, in front of said building, as she had a right to do, and under the said awning and a piece of the said awning fell upon the said plaintiff with great force and violence whereby the plaintiff was"" injured as alleged.