Supreme Court of Florida, 1922

Peterson v. Oscar Daniels Co.

Peterson v. Oscar Daniels Co.
Supreme Court of Florida · Decided January 19, 1922
83 Fla. 29; 90 So. 621
Peterson v. Oscar Daniels Co.

Cases that cite this one

10 later published cases cite this decision.

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Opinion of the Court

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 *30Coast 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.

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