J. H. WERTZ, PLAINTIFF IN ERROR,
v.
TAMPA ELECTRIC COMPANY, A CORPORATION, DEFENDANT IN ERROR
J. H. WERTZ, PLAINTIFF IN ERROR,
TAMPA ELECTRIC COMPANY, A CORPORATION, DEFENDANT IN ERROR
78 Fla. 405
Florida Supreme Court (1919)
Positive Treatment
Cited by 20 cases
Opinion of the Court
Per Curiam.
— This writ of error was taken to a judgment for the defendant rendered' upon sustaining a demurrer to the second amended declaration of the plaintiff alleging personal injury by reason of the negligence of the defendant company in operating a street railway car and in employing a motorman for the car. As the declaration does not wholly fail to state a cause of action, the demurrer thereto was erroneously sustained. See Chap. 6521, Acts of 1913.
Reversed.
All concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Carlton v. Fla. E. Coast Ry. Co., 95 Fla. 596 (Fla. 1928)…Per Curiam. The amended declaration herein does not wholly fail to state a cause of action, therefore, the demurrer thereto should have been overruled. Wertz v. Tampa Electric Co., 78 Fla. 405, 83 South. Rep. 270; Peterson v. Oscar Daniels Co., 83 Fla. 29, 90 South. Rep. 621; Pero v. Corley, 87 Fla. 448, 100 South. Rep. 748; Foster v. St. Johns Electric Co., 86 Fla. 338, 98 South. Rep. 75; McDonald v. Exchange Supply Co., 88 Fla. 80, 101…
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McDonald v. Exch. Supply Co., 88 Fla. 80 (Fla. 1924)…emurrer thereto was therefore erroneously sustained. The judgment is reversed on the authority of Foster v. St. Johns Electric Co., 86 Fla. 338, 98 South. Rep. 75; Peterson v. Daniels Co. 83 Fla. 29, 90 South. Rep. 621; Wertz v. Tampa Electric Co., 78 Fla. 405, 83 South. Rep. 270. Eeversed. Whitfield, P. J., and West and Terrell, J. J., Concur.…
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LaRena Foster v. St. Johns Elec. Co., 86 Fla. 338 (Fla. 1923)…eclaration, in that the declaration does not wholly fail to state a cause of action; it is, therefore, considered, ordered and adjudged by the Court that the judgment herein be, and is hereby reversed on the authority of Wertz v. Tampa Electric Co., 78 Fla. 405, 83 South. Rep. 270; Jaudon v. Fidelity Bank & Trust Co., 81 Fla. 115, 87 South. Rep. 313; Peterson v. Daniels Co., 83 Fla. 29, 90 South. Rep. 621; Tampa & J. R. Co. v. Crawford, 67 Fla. 77, 64 South. Rep. 437. Reversed. WniTFIELD, P. J., AND WEST…
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