TOM BOYLE, PLAINTIFF IN ERROR,
v.
JULIUS C. DOLAN, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a trial court's decision to sustain a demurrer to a plaintiff's declaration. The court held that the declaration sufficiently stated a cause of action for negligence arising from a car accident.
No, the declaration did not wholly fail to state a cause of action. Therefore, the demurrer should have been overruled.
“Because of defendant’s recklessness, carelessness and negligence in the aforesaid collision,” plaintiff was injured, etc.”
This quote describes the core allegation of negligence leading to the plaintiff's injury.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe plaintiff alleged that the defendant invited him to ride in his automobile. While driving, the defendant operated the vehicle at a reckless and da…
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Per Curiam.
This writ of error was taken to a judgment for the defendant upon demurrer sustained to a declaration which alleges that the defendant invited the plaintiff to drive with him in his automobile; that plaintiff occepted the invitation; that defendant driving said automobile at a reckless and careless and dangerous rate of speed over plaintiff’s repeated objections and request to drive at a careful and prudent rate of speed, negligently and carelessly lost control of said automobile, and negligently and carelessly collided with another automobile. “Because of defendant’s recklessness, carelessness and negligence 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 v. 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.
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 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)…me one acting for him, may lawfully do.” The liability of the owner of an automobile to an invited guest riding in such automobile caused by the negligent operation of the automobile has been recognized in this State in the case of Boyle vs. Dolan, 97 Fla. 253, 120 Sou. 334, wherein this Court by Per Curiam Order reversed the judgment on demurrer sustained, and said: “This writ of error was taken to a judgment for the defendant upon demurrer sustained to a declaration which alleges that the defendant inv…
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Jenkins v. The City Ice & Fuel Co., 118 Fla. 795 (Fla. 1935)…unt in a declaration at law for recovery of an executory contract does not wholly fail to state a valid cause of action, it is error to sustain a demurrer thereto. See Fidelity & Deposit Co. v. Aultman, 58 Fla. 228, 50 Sou. Rep. 991; Boyle v. Dolan, 97 Fla. 253, 120 Rep. 334. The judgment as to the first count of the declaration is affirmed. The judgment as to the second count of the plaintiff’s amended declaration is reversed with directions to overrule the defendant’s demurrer to that count and to have…
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Depfer v. Walker, 125 Fla. 189 (Fla. 1935)…nly for gross negligence, while in others he is liable for failure to exercise ordinary care. We recognize degrees of negligence in this state and have held the owner liable to his guest for the negligent operation of his automobile. Boyle v. Dolan, 97 Fla. 253, 120 So. 334; Green v. Miller, 102 Fla. 767, 136 So. 532. Other assignments have been examined and while irregularities may have been committed they were harmless and did not amount to reversible error. Reversed. Whitfield, C. J., and Buford, and…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Carlton v. Fla. E. Coast Ry. Co., 95 Fla. 596 (Fla. 1928)
- Yon v. Pinellas Cnty. Power Co., 93 Fla. 503 (Fla. 1927)