District Court of Appeal of Florida October 14, 1975, No. 75-536 (Scott v. Gordon)

lead-opinion

PEARSON, Judge.

This plaintiff climbed on a fence, jumped and landed on a dog. He broke his leg and then sued the dog owner upon the theory that the dog injured him. The plaintiff’s testimony on deposition was that when he jumped, the dog was not there but that as he was coming down to the ground, the dog suddenly appeared underneath his feet.