Escambia County Electric Light & Power Co. v. Sutherland
Supreme Court of Florida
This case was decided by Division B. Writ of error to the Circuit Court for Escambia County. Statement. Fannie M. Sutherland brought a suit at law for damages against The Pensacola Electric Company and The Escambia County Electric Light and Power Company, a corporation, and in March, 1910, filed four amended counts to her declaration.
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This case was decided by Division B. Writ of error to the Circuit Court for Escambia County. Statement. Fannie M. Sutherland brought a suit at law for damages against The Pensacola Electric Company and The Escambia County Electric Light and Power Company, a corporation, and in March, 1910, filed four amended counts to her declaration. The first two counts are as follows: “3. The plaintiff, Fannie M. Sutherland, by her attorneys, sues the defendants, The Pensacola Electric Company, a corporation, and The Escambia County Electric Light and Power Company, a corporation, for that on and before…
1Opinion of the Court
Hocker, J.,
(after stating the facts.)— The first and second assignments of error are based on the refusal of the defendant’s motion to strike out or amend the fifth count of the declaration upon the grounds that same is so framed as to prejudice, embarrass and delay a fair trial of this action, because the allegations of negligence are so general the defendants are- not advised what particular acts of omission or commission will be attempted to be proven. It is admitted that the granting of such a motion rests in the legal discretion of the court, and its action will not be reviewed unless…
2Cases cited25 opinions
- Atlantic Coast Line Railroad v. CrosbySupreme Court of Florida · 1907
- Baltimore & Potomac Railroad v. MacKeySupreme Court of the United States · 1895
- Florida Central & Peninsular Railroad v. FoxworthSupreme Court of Florida · 1899
- Soeder v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
- Guinard v. Knapp-Stout & Co. Co.Wisconsin Supreme Court · 1897
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3Cited by39 opinions
- McCain v. Florida Power CorporationSupreme Court of Florida · 1992
- Gunn v. City of JacksonvilleSupreme Court of Florida · 1914
- Marks v. DelcastilloDistrict Court of Appeal of Florida · 1980
- Rice v. Florida Power & Light Co.District Court of Appeal of Florida · 1978
- Richmond v. Florida Power & Light Co.Supreme Court of Florida · 1952
34 more not listed; retrieve them via the Exa API.