WILLIAM CARLTON, PLAINTIFF IN ERROR,
v.
FLORIDA EAST COAST RAILWAY COMPANY, A FLORIDA CORPORATION, AND THE PULLMAN COMPANY, A CORPORATION, DEFENDANTS IN ERROR
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The Florida Supreme Court reversed a lower court's decision to sustain a demurrer, holding that the amended declaration did not wholly fail to state a cause of action and therefore should have been overruled.
No, the amended declaration did not wholly fail to state a cause of action. Therefore, the demurrer should have been overruled.
“The amended declaration herein does not wholly fail to state a cause of action, therefore, the demurrer thereto should have been overruled.”
This quote directly states the court's holding regarding the sufficiency of the declaration and the demurrer.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff filed an amended declaration, to which the defendant demurred. The lower court sustained the demurrer, effectively dismissing the plaint…
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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 South. Rep. 100; Hawkins v. Shore Acres Properties, 93 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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State v. Hagan, 387 So. 2d 943 (Fla. 1980)…tionality of a portion of the statute which does not affect them. State v. Hill, 372 So. 2d 84 (Fla. 1979); Jordan v. State, 334 So. 2d 589 (Fla. 1976); State ex rel. Hoffman v. Vocelle, 159 Fla. 88, 31 So. 2d 52 (1947); Gill v. Wilder, 95 Fla. 901, 116 So. 870 (1928). Therefore, we do not consider the constitutionality of the statute insofar as it affects “inland waters of the county” or “within one — half mile of such inland waters.” This disposes of the asserted infirmity based on violation of article I…
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Henderson v. Antonacci, 62 So. 2d 5 (Fla. 1952)…tional at the behest of a party whose rights or duties are not. affected by it unless the provision is of such character that it renders invalid a provision of the statute which does affect such party’s rights or duties. Gill v. Wilder, 95 Fla. 901, 116 So. 870; Gherna v. State, 16 Ariz. 344, 146 P. 494; Hammer v. State, 173 Ind. 199, 89 N.E. 850, 24 L.R.A.,N.S., 795, 140 Am.St.Rep. 248, 21 Ann.Cas. 1034; Stinson v. State, 63 Fla. 42, 58 So. 722, Courts should not voluntarily pass upon constitutional quest…
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DelLouise Greene v. Jas. T. Miller and wife, 102 Fla. 767 (Fla. 1931)…in the aforesaid collision’ plaintiff was injured, etc. The above 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…
Previewing 3 of 15 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)
- Cummings Machine Works v. Clark, 89 Fla. 383 (Fla. 1925)
- Yon v. Pinellas Cnty. Power Co., 93 Fla. 503 (Fla. 1927)
- Lucile Pero v. Corley, 87 Fla. 448 (Fla. 1924)
- Hawkins v. Shore Acres Props., 93 Fla. 670 (Fla. 1927)