Legal Opinion

Duval v. Hunt

Supreme Court of Florida

Decided June 15, 1894PublishedCited by 91 opinions

Writ of error to the Circuit Court for Duval county. STATEMENT. The defendants in error, Ann B. Hunt, Annie Y. Hunt, Catherine H. Hunt, Sarah E. Hunt: and Sealey M. Hunt, by her next friend N. S. Upchurch, in May, 1889', in the capacity of dependents for support upon William J. Hunt, sued the plaintiff in error, H. R. Duval, as receiver of the properties of the Florida Railway and Navigation Company, in the Circuit Court of Duval county, for damages resulting to them, •as…

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Writ of error to the Circuit Court for Duval county. STATEMENT. The defendants in error, Ann B. Hunt, Annie Y. Hunt, Catherine H. Hunt, Sarah E. Hunt: and Sealey M. Hunt, by her next friend N. S. Upchurch, in May, 1889', in the capacity of dependents for support upon William J. Hunt, sued the plaintiff in error, H. R. Duval, as receiver of the properties of the Florida Railway and Navigation Company, in the Circuit Court of Duval county, for damages resulting to them, •as such dependents, from the death of said William J. Hunt, alleged to have been brought about through the negligence of such…

1Opinion of the Court

Taylor, J.:

This is an action for death by wrongful act under' the provisions of the statute of February 28th, 1883, (Chapter 3439), and is the first case of the kind presented in our court. Had the declaration been demurred to we have no hesitancy in saying that we would have been compelled to hold that it was entirely insufficient in its allegations as to the negligence charged against the defendant. While it is not necessary in a declaration to set out in minute detail all the facts that tend to establish the negligence complained *92of, yet it is requisite, in all oases of this kind, to…

2Cases cited25 opinions

  1. Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
  2. Pangborn v. WestlakeSupreme Court of Iowa · 1873
  3. Macon & Western Railroad v. JohnsonSupreme Court of Georgia · 1868
  4. Missouri Pacific Railway Co. v. LeeTexas Supreme Court · 1888
  5. Baltimore & Ohio Railroad v. State ex rel. TrainorCourt of Appeals of Maryland · 1871

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3Cited by91 opinions

  1. Pompano Horse Club, Inc. v. State Ex Rel. BryanSupreme Court of Florida · 1927
  2. Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
  3. Florida Central & Peninsular Railroad v. FoxworthSupreme Court of Florida · 1899
  4. Martin v. United Security Services, Inc.Supreme Court of Florida · 1975
  5. Florida Central & Peninsular Railroad v. WilliamsSupreme Court of Florida · 1896

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