Monroe v. Railway Express Agency, Inc.

Supreme Court of Florida January 14, 1941

Monroe v. Railway Express Agency, Inc., 199 So. 763 (Fla. 1941)

145 Fla. 465; 1941 Fla. LEXIS 720

Terrell, Buford, Thomas, Adams, Whitfield, Brown, Chapman, Compiled, Laws, Rules

Opinion of the Court

Per Curiam.

On writ of error we review judgment in favor of defendant on demurrer sustained to an original and to a first, second and third amended declaration.

Neither declaration is sufficient in its'allegations to state a cause of actionable negligence against the defendant.

Judgment is affirmed.

So ordered.

Affirmed.

Terrell, C. J., Buford, Thomas and Adams, J. J., concur. Justices Whitfield, Brown and Chapman not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.

Addendum

On Petition for Rehearing

Per Curiam.

In petition for rehearing it is suggested that we overlooked plaintiff’s fourth amended declaration. The fourth amended declaration was not overlooked but *466 by inadvertence we did fail to mention the fourth amended declaration along with the first, second and third amended declarations. The fourth amended declaration is insufficient to state a cause of action.

Petition for rehearing is denied.

Terrell, C. J., Buford and Adams, J. J., concur.

Reference

Full Case Name: Edward Monroe, Plaintiff in Error, v. Railway Express Agency, Incorporated, and J. I. Kimbro, Defendant in Error
Status: Published