Davidson v. Howard

In Davidson v. Howard, 438 So. 2d 899 (Fla. 4th DCA 1983), landowner A leased a large tract to B for grazing purposes. B allowed C to graze C's cattle. The contract between A and B provided that B was to fence the land subject to prior approval of A. As between B and C, C had the responsibility to maintain the fence around the property. Cattle owned by C escaped and injured a motorist. The motorist sued all three, but settled with C, and obtained a verdict against both A and B. The Court reversed with instructions to enter a directed verdict, reasoning that neither A nor B had any duty to maintain the fences under the facts.