GEORGE L. YON, PLAINTIFF IN ERROR,
v.
PINELLAS COUNTY POWER COMPANY, A CORPORATION, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a lower court's decision, finding that the plaintiff's amended declaration sufficiently stated a cause of action for personal injury due to the defendant's negligence in failing to provide a safe workplace.
Yes, the amended declaration did not wholly fail to state a cause of action. Therefore, the demurrer thereto was erroneously sustained.
“The declaration does not wholly fail to state a cause of action.”
This quote establishes the core reason for the reversal, indicating the declaration had sufficient legal merit.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff, an employee of the defendant power company, alleged personal injury resulting from the defendant's negligence. Specifically, the defend…
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Per Curiam.
This writ of error was taken to a judgment for the defendant upon demurrer to an amended declaration of plaintiff alleging personal injury suffered by reason of Ahe negligence of defendant in not providing the plaintiff, defendant’s employee, a reasonably safe place in which to work as oiler of 'machinery used in a power plant for generating electricity. The declaration 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; McDonald v. Exchange Supply Co., 88 Fla. 80, 101 South. Rep. 28.
Reversed.
Ellis, C. J., and Whitfield, Terrell, Strum, Brown and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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DelLouise Greene v. Jas. T. Miller and wife, 102 Fla. 767 (Fla. 1931)…ove and other pertinent allegations do not wholly fail to state a cause of action, therefore the demurrer to the declaration should have been overruled. See Carlton vs. F. E. C. Ry. Co., 95 Fla. 596, 116 So. R. 870; Yon v. Pinellas County Power Co., 93 Fla. 503, 112 So. R. 50, and authorities cited.” The rule prevailing in most jurisdictions is that, “A motorist or owner of a motor vehicle, not a common carrier, who voluntarily undertakes to transport another, having no control of the operation of the ve…
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Carlton v. Fla. E. Coast Ry. Co., 95 Fla. 596 (Fla. 1928)…. Rep. 75; McDonald v. Exchange Supply Co., 88 Fla. 80, 101 South. Rep. 28; Cummings Mach. Works v. Clark, 89 Fla. 383, 105 South. Rep. 100; Hawkins v. Shore Acres Properties, 93 [*597] Fla. 670, 112 South. Rep. 61; Yon v. Pinellas County Power Co., 93 Fla. 503, 112 South Rep. 50. The judgment rendered on the demurrer is reversed. Whitfield, P. J., and Terrell and Buford, J. J., concur. Ellis, C. J., and Strum, J., concur in the opinion and judgment. Brown, J., disqualified.…
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Boyle v. Dolan, 97 Fla. 253 (Fla. 1929)…other pertinent allegations do not wholly fail to state a cause of action, therefore the demurrer to the declaration should have been overruled. See Carlton v. F. E. C. Ry. Co., 95 Fla., 596, 116 So. R. 870; Yon v. Pinellas County [*254] Power Co., 93 Fla. 503, 112 So. R. 50, and authorities cited. Where a declaration does not wholly fail to state a cause of action, a demurrer thereto should not be sustained. The judgment on demurrer sustained is reversed. Terrell, C. J., and Whitfield, Ellis, Brown an…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wertz v. Tampa Elec. Co., 78 Fla. 405 (Fla. 1919)
- Peterson v. Oscar Daniels Co., 83 Fla. 29 (Fla. 1922)
- McDonald v. Exch. Supply Co., 88 Fla. 80 (Fla. 1924)
- LaRena Foster v. St. Johns Elec. Co., 86 Fla. 338 (Fla. 1923)