J. W. PETERSON, PLAINTIFF IN ERROR,
v.
OSCAR DANIELS COMPANY, A CORPORATION, DEFENDANT IN ERROR

Fla. | 1922-01-19
All concur.
83 Fla. 29 Florida Supreme Court (1922) Positive Treatment
Cited by 18 cases

Opinion of the Court
Per Curiam.

Per Curiam.

In an action for-personal injuries, judgment was rendered for the defendant on a demurrer to the declaration and plaintiff took writ .of error. The declaration is needlessly prolix, but as the allegations do not by repugnance-destroy each other, and as the declaration does not wholly fail to state a cause of action,- the demurrer should have been overruled. See Catts v. Henderson, 81 Fla. 138, 87 South. Rep. 313; Florida East Coast Ry. Co. v. City of Miami, Fla. 80 Fla. 329, 86 South. Rep. 308. Admiralty is not involved. 254 U. S. 242.

Reversed.

All concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • 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 South. Rep. 28; Cummings Mach. Works v. Clark, 89 Fla. 383, 105…
  • McDonald v. Exch. Supply Co., 88 Fla. 80 (Fla. 1924)
    …ration does not wholly fail to state a cause of action. The demurrer 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.…
  • LaRena Foster v. St. Johns Elec. Co., 86 Fla. 338 (Fla. 1923)
    …djudged 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 AND TERRELL, J. J., COUCUr.…

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