Loeffler v. City of West Tampa
Supreme Court of Florida
This case was decided by Division B. .Writ of error -to 'the Circuit .Court for Hillsborough County. Statement. The plaintiff in er-ror sued -the city of West Tampa in the circuit court for Hillsborough county, because it had left open and unprotected. a ditch extending across one of the city's streets known as Howard avenue at its intersection with another street called Cherry street, and alleged in his declaration that “by means or reason of which said dangerous and unsafe…
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This case was decided by Division B. .Writ of error -to 'the Circuit .Court for Hillsborough County. Statement. The plaintiff in er-ror sued -the city of West Tampa in the circuit court for Hillsborough county, because it had left open and unprotected. a ditch extending across one of the city's streets known as Howard avenue at its intersection with another street called Cherry street, and alleged in his declaration that “by means or reason of which said dangerous and unsafe condition of said, street the plaintiff, who was then and there passing along and upon the said street known as and…
1Opinion of the Court
Parichill, J.,
(after stating the facts.)—There are four assignments of error. The third and fourth are not argued and will be treated as abandoned.
The first assignment is, “That 'the court erred in requiring the plaintiff by its order to join in the defendant’s demurrer to the evidence.” The second assignment is, “That the court erred in the entry of its order sustaining the demurrer of the defendant to the evidence of the plaintiff”
It is contended by plaintiff in error that the statements of fact admitted by the demurrer to be true are contradictory, in that the statement, “that plaintiff…
2Cases cited4 opinions
- Suydam v. WilliamsonSupreme Court of the United States · 1858
- Morrison v. McKinnonSupreme Court of Florida · 1868
- Barnes v. ScottSupreme Court of Florida · 1892
- Mugge v. JacksonSupreme Court of Florida · 1905
3Cited by5 opinions
- Bell v. NilesSupreme Court of Florida · 1911
- Sullivan v. BrownSupreme Court of Florida · 1914
- Ray v. PollockSupreme Court of Florida · 1908
- Comforter v. City of ApalachicolaSupreme Court of Florida · 1912
- Bird v. Jefferson CountySupreme Court of Florida · 1912