Cline v. Tampa Water Works Co.

Supreme Court of Florida June 15, 1903

Cline v. Tampa Water Works Co., 46 Fla. 458 (Fla. 1903)

Being, Carter, Hocker, Maxwell, Took

Opinion of the Court

Carter, J.

While the facts in this case are not precisely the same as the facts in the case of Cline v. Tampa Water Works Company et al., decided this day, the point of practice involved is exactly the same, and for the reasons *459stated in that opinion the court below erred in sustaining the seventh ground of the demurrer to the amended declaration.

The judgment is, therefore, reversed and the cause remanded for further proceedings.

(Justices Hocker and Maxwell, being disqualified, took no part in the decision of this case.)

Reference

Full Case Name: George W. Cline, in Error v. The Tampa Water Works Company, a Corporation Existing Under the Laws of the State of Florida, S. J. Drawdy and T. K. Spencer, in Error
Status: Published
Syllabus: The mere fact that a count of a declaration may set up many elements that do not enter into the measure of damages is not ground for demurrer if the count does allege a cause of action for some damages proper to be recovered thereunder.